A typical claims situation happening everywhere in the nation is when a policyholder calls for appraisal, and the insurance coverage firm refuses to partake within the course of. The insurers cite all types of excuses, which usually embody the necessity for extra info, newly considered steps for investigation, potential protection points that can not be resolved, and on and on and on. “Hell no, we gained’t go” is an previous anti-war slogan the insurance coverage trade has adopted as its personal.
The Florida Supreme Courtroom has now allowed trial judges to find out the order of appraisal and litigation with this current ruling:1
[W]e conclude that trial courts have discretion in figuring out the order during which protection and amount-of-loss points are resolved. American Coastal, although presenting a myriad of arguments, has not challenged the trial court docket’s train of that discretion based mostly on the information and circumstances distinctive to this case. Accordingly, we don’t take it upon ourselves to contemplate whether or not the trial court docket’s choice to defer decision of protection points till after appraisal was an abuse of discretion.
This ruling makes sensible sense. Certainly, whereas the appraisal course of is transferring alongside, the events can proceed to take discovery on the protection points. This accelerates your complete course of relating to the quantity of loss and protection decision. As they are saying, “justice delayed is justice denied.”
Thought For The Day
Justice that’s sluggish isn’t justice.
—William Penn
