Safepoint Insurance Company v. Gomez
After acknowledging coverage and paying on a water-loss claim, Safepoint invoked the policy's appraisal provision; once appraisal was underway and an umpire was selected, the insurer demanded sworn proofs of loss, EUOs, and extensive documents, then terminated appraisal and denied the claim when the insureds did not comply. The Third DCA affirmed the order compelling the parties to complete appraisal, holding that by invoking appraisal the insurer waived compliance with post-loss obligations as a condition precedent to that appraisal.
Key facts
- Safepoint Insurance Company acknowledged coverage and paid on a water-loss claim submitted by the Gomezes, then invoked the policy's appraisal provision to resolve the amount of loss.
- After an umpire was selected and appraisal was underway, Safepoint demanded sworn proofs of loss, examination under oath (EUOs), and extensive documents from the insureds; when the insureds did not comply, Safepoint terminated appraisal and denied the claim.
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Why it matters
This gives first-party property counsel a citable rule that an insurer's own invocation of appraisal waives post-loss conditions precedent for that appraisal, blocking the common tactic of demanding EUOs and sworn… — full analysis with a trial
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