Recent Case Law

Appraiser's Bias against Insurer does not Render Appraiser Incompetent

By Patrick Russell, Esq.

Mar 14, 2007 - 1:46:09 PM

Citizens Property Insurance v. M.A. & F.H. Properties, Ltd., 2007 WL 521916 (Fla. 3DCA 2007).

Homeowner sufferred damages to a home as a result of a hurricane.  Homeowner and Insurer went to appraisal to set the amount of the loss.  The neutral umpire agreed with the amount of loss presented by the homeowner's appraiser.  The insurer moved to set aside the appraisal award and to disqualify the homeowner's appraiser on the basis that the appraiser was not competent because he was biased against the insurer.  The appellate court held that pursuant to the insurance policy, the appraiser need only be competent and not independent.  Since competent was not defined, competent only means that the person must be properly or sufficiently qualified.  The homeowner's appraiser was undeniably competent in that he handled over 1800 appraisals and was published in that field.  The appraiser's bias against the insurer did not render him incompetent.