The Florida Supreme Courtroom’s choice, after briefing and oral argument, to dismiss an attraction has left the problem of what constitutes a “disinterested” appraiser unresolved at a statewide stage. This choice impacts insurers and policyholders and underscores the complexity inherent in navigating insurance coverage appraisal processes throughout completely different judicial districts inside Florida.
Authorized Panorama Throughout Florida’s Appellate Districts
Florida’s appellate courts have grappled with defining the time period “disinterested” in varied contexts, resulting in differing opinions and rulings that affect insurance coverage claims. Right here’s a breakdown of how completely different Florida appellate districts interpret the time period:
Second District Courtroom of Attraction 1
In State Farm Fla. Ins. Co. v. Parrish (2021), 2 the court docket clarified {that a} public adjuster with a contingent curiosity in an insured’s appraisal award can’t be thought-about a “disinterested appraiser.” This ruling highlights the stringent standards in these districts relating to the impartiality required from appraisers.
Fourth District Courtroom of Attraction 3
In State Farm Fla. Ins. Co. v. Valenti (2019), 4 the court docket bolstered that public adjusters with a monetary stake in an insured’s restoration can not function disinterested appraisers. This district’s stance emphasizes the necessity for neutrality within the appraisal course of.
Fifth District Courtroom of Attraction 5
Right here, attorneys are prohibited from performing as their purchasers’ disinterested appraisers, as established in precedents like Fla. Ins. Warranty Ass’n v. Hanse (2014). 6 Moreover, any appraiser entitled to a share of the insured’s declare restoration is deemed partial and can’t function a disinterested appraiser 7
Third District Courtroom of Attraction 8
Opposite to different districts, the third DCA dominated in Brickell Harbor Condominium. Ass’n, Inc. v. Hamilton Specialty Ins. Com. (2018) 9 that direct or oblique monetary pursuits don’t mechanically disqualify an appraiser from being thought-about disinterested. Disclosure of any such pursuits suffices for participation within the appraisal course of.
Affect of the Florida Supreme Courtroom’s Choice
With the Florida Supreme Courtroom declining jurisdiction to evaluate State Farm v. Sanders, 10 the definition of a disinterested appraiser stays fragmented throughout the state. Which means that appraisers should now be well-versed within the particular district’s interpretations and rulings to find out their eligibility and impartiality in any given insurance coverage dispute.
1 (Pinellas, Pasco; tenth Judicial Circuit: Hardee, Highlands, Polk; twelfth Judicial Circuit: Desoto, Manatee, Sarasota; thirteenth Judicial Circuit: Hillsborough; twentieth Judicial Circuit: Charlotte, Collier, Glades, Hendry, Lee)
2 State Farm Fla. Ins. Co. v. Parrish, 312 So.3d 145 (Fla. second DCA 2021).
3 (fifteenth Judicial Circuit: Palm Seashore; seventeenth Judicial Circuit: Broward; nineteenth Judicial Circuit: Indian River, Martin, Okeechobee, St. Lucie)
4 State Farm Fla. Ins. Co. v. Valenti, 285 So.3d 958 (Fla. 4th DCA 2019).
5 (fifth Judicial Circuit: Citrus, Hernando, Lake, Marion, Sumter; seventh Judicial Circuit: Flagler, Putnam, St. Johns, Volusia; ninth Judicial Circuit: Orange, Osceola; 18th Judicial Circuit: Brevard, Seminole)
6 Fla. Ins. Warranty Ass’n v. Hanse, 150 So.3d 1272 (Fla. fifth DCA 2014).
7 State Farm Fla. Ins. Co. v. Crispin, 290 So.3d 150 (Fla. fifth DCA 2020).
8 (eleventh Judicial Circuit: Miami-Dade; sixteenth Judicial Circuit: Monroe)
9 Brickell Harbor Condominium. Ass’n, Inc. v. Hamilton Specialty Ins. Com., 256 So.3d 245 (Fla. 3d DCA 2018).
10 State Farm Fla. Ins. Co. v. Sanders, 327 So. 3d 342, 343 (Fla. 3d DCA 2020), case dismissed, No. SC20-596, 2021 WL 4824155 (Fla. Oct. 18, 2021).