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First DCA Holds Right to Appraisal Waived by Participating in Litigation

In Silvia v. Castle Key Insurance Company, No.: 1D21-3889 (Fla. 1st DCA June 14, 2023), the trial court granted the insurer’s motion to invoke appraisal and abate litigation finding that the insurer’s conduct did not result in a waiver of its right to invoke appraisal. The First DCA reversed, holding that the insurer did not invoke the right to appraisal at the first opportunity. Instead, the insurer actively participated in litigation, which waived its right to appraisal. To read full opinion, click HERE. 

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