قالب وردپرس درنا توس
Home / Insurance / Can a valuer in Florida be the public adjuster or be hired on a conditional fee? – Blog about property insurance coverage

Can a valuer in Florida be the public adjuster or be hired on a conditional fee? – Blog about property insurance coverage



The final answer to these questions was before the Florida Supreme Court. After briefs and oral arguments, the judges said on Monday:

We initially accepted jurisdiction to review State Farm Fla. Ins. Co. v. Sanders 45 Fla. L. Weekly D870 (Fla. 3d DCA 15 April 2020) with certified conflict with decisions of other courts of appeal and a certified issue of great general importance. See art. V, § 3 (b) (4), Fla. Const. After considering the decision of the third district and the arguments of the parties, we have, upon further examination, decided to grant jurisdiction.1

Really? The judges pointed to this issue because they found that they lacked jurisdiction. This means that the lower appeal judgment that allows a conditional fee still applies.

Law 360 stated this on the case:

In oral arguments held on 2 September, State Farm argued that due to the financial contribution of the result of the valuation, the valuer was clearly not uninterested in the contract between State Farm and the assured the couple, Charles and Diana Sanders. the appraiser would be hired to act as their advocate, and State Farm would hire its own appraiser and attorney. The two sides must then hire or appoint a third, neutral valuer, they argued. State Farm responded with a motion to invoke the assessment, claiming that there was a dispute regarding the insured's selected valuer.

The evaluation condition in the policy states that "each party will choose a qualified uninterested appraiser", according to court documents.

State Farm objected to Sanders' choice of Gian Franco Debernardi of 91

1 Claims Corp. because the contract between him and the insured allocated 10% of the repaid amount to 911 claims, according to court documents.

In April 2019, the district court issued a decision allowing Debernardi to act as the couple's appraiser. After accepting State Farm's petition for certiorari appeal of this decision, the third district revoked the district court's decision in July 2019 but then reversed the course after considering the case. The Court of Appeal said that it could not grant a certiorari exemption because it was bound by previous case law of the third district and that a direct or indirect financial or personal interest in the outcome of an assessment does not require disqualification of an appraiser selected by one of the parties.

We have to wait for the outcome of this issue to be played out in another case.

Thought For The Day

It's not over until it's over.
—Yogi Berra
_______________________________
1 State Farm Fla. Ins. Co. v. Sanders No. SC20-596 (Fla. October 18, 2021).


Source link