A federal judge in Miami ruled a first appraisal award was final under the provisions of an insurance policy, rejecting an insurer's contention that an email trail demonstrated the first award was preliminary and a second — and lower — award should be upheld.

The Case

Lazaraly Guzman and Larry Rosado, insureds under a dwelling insurance policy issued by American Security Insurance Co., claimed their property was damaged by Hurricane Irma.

The parties disputed the amount of the damage and litigation ensued. The parties then agreed to an appraisal as outlined in the insurance policy, and the court stayed the case until an appraisal award issued.

The parties' appraisers — Emery Kunzman and Scott Thomas — failed to agree on a neutral umpire, and the court appointed Lawrence Leiby to serve in that capacity.

The parties' appraisers and the umpire inspected the property, and the following email exchanges took place:

Sept. 5, 2018: