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.