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Reversal of Order Compelling Appraisal in Sinkhole Loss Case.

G. William Bissett | November 30, 2015

The KD Appellate Division has secured another victory on behalf of a client. The Fifth District Court of Appeal recently issued a five page decision and opinion in Florida Ins. Guar. v. Monaghan, 167 So. 3d 511 (Fla. 5th DCA 2015), reversing an order entered by the trial court compelling FIGA to proceed to appraisal of a sinkhole loss claim. The appeal, handled by G. William Bissett, of the Miami office, successfully argued that the insured had “waived” the policy’s right to appraisal by taking significant litigation activities over an extended period of time after a concession of coverage and the eventual request for appraisal. The appellate court agreed with Bill and held the insured’s litigation activities were inconsistent with the insured’s right to appraisal.

This victory joins the four other appellate victories Bill has secured over the last year for FIGA. Later this year, or in early 2016, Bill will be arguing in the Florida Supreme Court on behalf of FIGA in the FIGA v. De La Fuente case, which he won in the Second District earlier this year, but which certified two questions of great public importance to the high court.

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