In First Acceptance Insurance Company, Inc. v. At Home Auto Glass, LLC a/a/o Petra James, Case No. 6D23-1192, 2023 WL 3910577 (6th DCA June 9, 2023), the Sixth DCA reversed the denial of an insurer’s motion to compel appraisal in an auto glass case. Following an assignment of benefits, At Home Auto Glass, LLC brought suit against First Acceptance Insurance Company after it issued payment based on prevailing competitive price. The insurer invoked the policy’s appraisal clause. However, agreeing with At Home’s interpretation of the terms “loss” and “amount of loss” as limited to physical damage, the trial court denied the insurer’s motion to compel appraisal.
The Sixth DCA found that At Home’s interpretation of the term “amount of loss” as limited to extent of physical damage was unreasonable. Agreeing with the Fifth DCA in Mendota Ins. Co. v. At Home Auto Glass, LLC, 348 So. 3d 641 (Fla. 5th DCA 2022), the court held that determination of “the amount of loss” necessarily includes both the extent of covered damage and the monetary amount necessary to repair or replace the damaged property. See full opinion HERE.
