Thursday, December 8, 2011

3d DCA Case on Appraisals


In State Farm Fla. Ins. Co. v. Gonzalez, 76 So. 3d 34, 2011 Fla. App. LEXIS 19530 (Fla. 3d DCA 2011), the court states that the proper way to confirm an appraisal award is by complaint, not by petition.  On a loss that occurred in 2005, and an appraisal award entered in April 2008, the homeowner filed a petition to confirm the award.  Instead of answering the petition, the insurer set the petition for hearing.  The Florida Third District Court of Appeal reversed because a petition can only be filed "when so designated by a statute or rule."  See Florida Rule of Civil Procedure 1.110(a).  It remanded with instructions to allow the insureds to file a complaint, which would relate back to the filing of the petition.  See

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