Panel Affirms Order Compelling Appraisal Of Hurricane Irma Loss, Certifies Conflict

(November 6, 2020, 11:39 AM EST) -- LAKELAND, Fla. — Noting that Florida appeals courts have not reached a consensus as to the order in which a trial court should resolve appraisal and coverage issues, the Second District Florida Court of Appeal on Nov. 4 adopted the dual-track approach in finding that a lower court acted within its discretion in granting an insured’s motion to compel appraisal of its Hurricane Irma damage.  The panel also certified conflict with three of its sister courts’ rulings “to the extent that they hold the trial court must always resolve coverage disputes prior to compelling an appraisal” (American Capital Assurance Corporation v. Leeward Bay at Tarpon Bay Condominium Association, Inc., No. 2D20-165, Fla. App., 2nd Dist., 2020 Fla. App. LEXIS 15723)....

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