A typical claims situation happening all around the nation is when a policyholder calls for appraisal, and the insurance coverage firm refuses to partake within the course of. The insurers cite all types of excuses, which usually embody the necessity for extra data, newly considered steps for investigation, potential protection points that can not be resolved, and on and on and on. “Hell no, we won’t go” is an outdated anti-war slogan the insurance coverage business has adopted as its personal.
The Florida Supreme Court has now allowed trial judges to find out the order of appraisal and litigation with this latest ruling:1
[W]e conclude that trial courts have discretion in figuring out the order by which protection and amount-of-loss points are resolved. American Coastal, although presenting a myriad of arguments, has not challenged the trial courtroom’s train of that discretion primarily based on the info and circumstances distinctive to this case. Accordingly, we don’t take it upon ourselves to contemplate whether or not the trial courtroom’s resolution to defer decision of protection points till after appraisal was an abuse of discretion.
This ruling makes sensible sense. Indeed, whereas the appraisal course of is shifting alongside, the events can proceed to take discovery on the protection points. This hastens your entire course of concerning the quantity of loss and protection decision. As they are saying, “justice delayed is justice denied.”
Thought For The Day
Justice that’s gradual just isn’t justice.
—William Penn
1 American Coastal Ins. Co. v. San Marco Villas Condo. Assoc., No. SC2021-0883 (Fla. Feb. 1, 2024).