We’ve seen anecdotal evidence that some insurance companies as well as adjusters are already talking to policyholders about invoking the Appraisal Clause in their property insurance policy. While appraisal can play an important role in the insurance claim settlement process, it is not for everyone and policyholders need to understand both the costs and limitations. We have several certified appraisers on our staff and one of the first things we do when asked to represent a client is to review the suitability based on the claim facts. Here is a Q&A I did for the media after Hurricane Michael (and now Hurricane Sally) to help policyholders better understand property damage Appraisal.

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We were happy to contribute to the 1 year anniversary of Hurricane Michael with information on appraisal as policyholders continue to try and settle their property claims. Thank you Panama City News Herald for running this article: How the appraisal process may help you settle your Hurricane Michael damage claims

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A policyholder wrote in and recently asked:

Q. I’m hoping you can help me with an answer to a quick question. I hired a public adjuster to do an insurance appraisal because the insurance company has been jerking me around. The public adjuster will not share the dollar amount of his appraisal with me. Is that standard practice? He is stating that there is a clause in my policy that requires the appraiser to be independent and impartial, which then prohibits him from sharing his appraisal value with me. I think he is incorrect and is simply waiting for the insurance company’s appraiser to submit his value before writing up his own. Can you please advise? Thank you.

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The 2019 Windstorm Conference held at the Walt Disney Dolphin Resort hotel was a new milestone on several fronts. This year was the 20^th anniversary of an organization that was founded based on the realization that claims professionals from all different professional disciplines can meet, exchange and debate ideas, and help to formulate best practices to help insured policyholders struggling to recover from catastrophic events. 

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With the advance of technology and a little advance notice, you can watch your Florida Legislature at work, commercial free via live streaming on your computer or mobile device. Folks, unless you want to testify at a committee meeting you can forget the long drive or airplane flight to Florida’s hither land aka Tallahassee, Florida. All you need is the committee meeting schedule and click the link to watch your favored or disfavored proposed legislation being debated or voted on. Of course this also comes with the ability to hear your elected officials ask questions and comment on the topic being addressed. Believe me, this is at times interesting stuff.

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It may be no surprise that not a lot of bills were filed in this year’s legislative session to correct any real or imagined property insurance crises and those that were, died in various committees.   After all, we are fast approaching a decade of no major hurricane strikes that some are saying is a record going back over hundred years! The sitting duck we were supposed to be is looking more like a stuffed bird hung on the wall. Yes, I know it only takes one, but let’s hope the good times continue to roll. There is too much at stake to see Florida or any of our coastal neighbors hit with the big one in this year’s 2015 Atlantic hurricane season just as we are in full recovery mode from the great recession.

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Q. My insurance company will not submit a letter of demand for the appraisal clause. If I do, will I then be responsible for all fees? My policy reads if they do the letter of demand, they will pay for all my appraisal fees.  
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But first some background.  Steve Scott is a Gainesville, Florida attorney I have known for a number of years, which goes back to our first meeting when he called me to help him with a fire loss in his home. Following the successful adjustment and settlement of his claim, Steve and I became friends and that relationship has evolved over the years to the point that I get calls or emails from Steve on issues he has or claims his clients need help on. He’s a smart guy, has some strong opinions and will get your brain going! So I thoroughly enjoy our discussions.  What started our most recent conversation and debate was an email I received from Steve asking my opinion on a Florida Third District Court of appeals case Dynamic Public Adjusters vs. Henry Rodriguez  he had just read. This case came out in late November and was a turkey that was served cold to one side as you will read.
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First a little background, an umpire in the insurance property world has nothing to do with baseball except that a baseball umpire and an umpire in a property insurance dispute have one thing in common--both have to make a decision. The baseball umpire will have to make a decision quickly, where as an umpire in the appraisal dispute resolution forum should take as much time as needed to make a decision based on all the facts. A good umpire will thoroughly review of all the materials provided to him or her by the two appraisers (representing each side of the dispute) who agreed to his or her appointment. This can and often should include a visit to the loss site (if the property in question is still standing) along with the two appraisers and the policyholder if they want to understand the opinions as to why the initial adjustment was wrong.

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Q. I had water damage in my house due to an over flowing toilet. My insurance company said it would pay $8,000 to the restoration company that did the clean-up. The problem is that the restoration company who did the water extraction sent me a bill for $36,000. The insurance company sent me a check for $8,050.  Should I mediate or go the appraisal route?
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