Connecting the dots on what might have happened to property insurance appraisal and those acting as appraisers in Florida

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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The Changing World of the Property Claims Appraisal Process – Florida Reform is Needed

Anyone who follows property insurance matters and especially reported court cases has no doubt picked up on a recurring theme of some courts in various jurisdictions and their decisions about the appraisal clause. Specifically the court’s interpretation of what can and cannot be undertaken by an appraisal panel has been under review and reformed. That is a good thing! These court decisions may have a significant impact on property policy disputes regarding the amount of the loss and damages from a coved loss and the process of the appraisal panels work in determining those criteria. 
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Policyholder Question: How long does an umpire have to make a decision?

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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"On Property" Insurance Claim Tips Blog

Tips and advice about how to properly file and protect your property damage insurance claim and get a fair settlement. We invite all readers to ask questions about their claim so our public adjusters can post answers for others to benefit. Insurance claim expert guest bloggers welcome to submit posts via our contact form.

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Tutwiler & Associates Public Adjusters, Inc.
Licensed Public Insurance Adjusters & Loss Consultants
Offices: Tampa, Orlando, Palm City, Florida; Dallas, TX; Pittsburgh, PA

Executive Office
4300 W. Cypress St.
Suite 780
Tampa, FL 33607
Phone: 813.287.8090
Toll Free: 800.321.4488

Licensed in Florida # W840088 &
Texas #1399706 plus 16 other states
and the Virgin Islands