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Not So Fast! Appraisal is Allowed After Partial Denial of Coverage

March 30, 2021

Castle Key Insurance Company v. Mark Fischer, No. 1D20-1621 (1st DCA Mar. 16, 2021)

Highlights:

  • Insurer accepted partial coverage on the insured’s Hurricane Michael claim.
  • After the insured filed the claim, the insurer tendered a check, admitted coverage for some damage to the property but declined to cover other damage.
  • The insured tendered a substantially higher proof of loss than the insurer’s estimate.
  • The insurer demanded appraisal, pursuant to the insurance policy, within one week after the filing of the proof of loss.
  • The insured sued, and the insurer moved to abate litigation and compel appraisal, which was denied by the trial court as the insurer did not “wholly deny” coverage.
  • The DCA reversed the order and held that appraisal was appropriate and should not have been denied.   

Full case information available below.

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