Appraisal

BACKGROUND:

CERTAIN UNDERWRITERS AT LLOYD’S LONDON, etc., et al. v. GABLES COURT CONDOMINIUM ASSOCIATION INC., No. 3d22-436 (Mar. 1, 2023)

KK TAKEAWAY: If Citizens asserts that appraisal is premature due to failure to comply with post-loss duties, a trial court must hold an evidentiary hearing to determine whether an insured complied with his obligations.

The insured filed a complaint for breach of contract after Citizens refused to participate in the appraisal. Citizens opposed appraisal due to a failure to comply with post-loss duties. At the hearing to compel appraisal, evidence was not put on to show that Insured complied with his post-loss duties. Instead, Insured’s counsel made an argument that Insured complied. The trial court agreed with the Insured and compelled appraisal.

The Third District reversed the order compelling appraisal and remanded the trial court for an evidentiary hearing to determine whether the Insured complied with his postloss obligations.

KK TAKEAWAY: Counsel argument from briefs is not evidence.