Saturday, January 8, 2011

Order Compelling Appraisal Reversed To Determine If Post-Loss Obligations Complied With

In Citizens Property Insurance Corporation v. Maytin (3D10-693), the Third District reversed the trial court's ruling compelling appraisal.  The insured filed a lawsuit seeking to compel appraisal.  In response, Citizens answered that the insured had "failed to comply with post-loss conditions and prevented Citizens from fully inspecting  his property, thereby, precluding the invocation of the appraisal clause under the insurance policy."  The court:
reverse[d] the trial court’s grant of the motion to compel appraisal and remand for an evidentiary hearing to determine if Maytin complied with the post-loss conditions under the policy.


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