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3rd DCADecember 29, 2021Reversed and Remanded⭐ Notable

Redlhammer v. ASI Preferred Insurance Corp.

Case No. 20-1772

After paying a water-loss claim, the insurer rejected the insured's supplemental estimate for repairing a cracked main drain line but never obtained or exchanged a competing repair estimate, then moved to compel appraisal. The Third DCA reversed the order compelling appraisal, holding that appraisal was premature because the record showed no informed 'disagreement' on the amount of loss arising from a meaningful exchange of information.

Key facts

  • ASI Preferred Insurance Corp. paid a water-loss claim but rejected the insured Redlhammer's supplemental estimate for repairing a cracked main drain line without obtaining or providing its own competing repair estimate.
  • The insurer moved to compel appraisal; the trial court granted the motion.
  • +2 more key facts with a free trial

Why it matters

This decision expressly rejects the argument that the Third DCA's 'premature appraisal' line of cases applies only against insureds, confirming that an insurer moving to compel appraisal must itself have engaged in a… — full analysis with a trial

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