Tuesday, March 10, 2009

Insurer Entitled to Deduct Prior Payment and Deductible from Appraisal Award

In Citizens Property Insurance Corp. v. Cuban Hebrew Congregation of Miami, Inc. (3D08-1325), the Third DCA reviewed the circuit court's order that determined Citizens was not entitled to deduct prior payments or the deductible from an appraisal award. The Third DCA reversed and concluded that an insurer is entitled to deduct those amounts from the amount paid to the insured. The court stated:
Where, as here, the appraisers set the overall amount of the loss, but do not reduce the award for prior payments or the deductible, the insurer is entitled to make those deductions.


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