bob
02-28-2009, 09:43 AM
Advocate posted a paper Appraisal of Loss and case law a while back. In reading it throgh, this jumped out
9. Invoking the Appraisal Clause May Act as a Waiver of any Coverage Defenses.
One trap for the unwary is the risk that the insurer may waive
its other coverage or liability defenses if it invokes the appraisal clause. In Scottsdale Insurance Company v. Desalvo, 666So.2d 944 (Fla. App. 1995), the First District Court of Appeal for the state of Florida concluded that if an insured requests the appraisal, then “the insurer does not, simply by participating in the appraisal, waive coverage defenses it might have ...”. Id. At 947. That is, if the insured requests the appraisal, then the insurer may still litigate the issue of coverage. However, if the insurer makes the request, then it waives any coverage defenses it might otherwise have had.
Mayby the insurer would owe first party DV as part of the loss. It sounds like they could not raise the issues that its excluded from the policy
9. Invoking the Appraisal Clause May Act as a Waiver of any Coverage Defenses.
One trap for the unwary is the risk that the insurer may waive
its other coverage or liability defenses if it invokes the appraisal clause. In Scottsdale Insurance Company v. Desalvo, 666So.2d 944 (Fla. App. 1995), the First District Court of Appeal for the state of Florida concluded that if an insured requests the appraisal, then “the insurer does not, simply by participating in the appraisal, waive coverage defenses it might have ...”. Id. At 947. That is, if the insured requests the appraisal, then the insurer may still litigate the issue of coverage. However, if the insurer makes the request, then it waives any coverage defenses it might otherwise have had.
Mayby the insurer would owe first party DV as part of the loss. It sounds like they could not raise the issues that its excluded from the policy