Florida Panel: Fact Issues Exist As To Adjustment, Payment Of ‘Actual Cash Value’

Mealey's (July 24, 2017, 4:03 PM EDT) -- MIAMI — A Florida appeals panel on July 12 reversed and remanded a lower court’s ruling in favor of an insurer, finding that there are genuine issues of material fact as to the insurer’s adjustment and payment of the "actual cash value" of the insured’s alleged damage and as to the applicability of the policy's "wear and tear" exclusion “to a vague, unliquidated, and inchoate claim for damage to the roof itself” (Latonya Francis v. Tower Hill Prime Insurance Co., No. 3D16-2114, Fla. App., 3rd Dist., 2017 Fla. App. LEXIS 9982)....

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