Credit: boonchok/Adobe Stock Appellate Court: Paying Appraisal Award Doesn't Give Insurer a 'Tabula Rasa' From Underlying Litigation
"According to Fednat, so long as an insurer pays an appraisal award pursuant to a policy provision, even if the payment is occasioned after the filing of a breach of contract lawsuit, the insurer has fully complied with the policy and cannot be held liable for its prior denial of the claim," Judge Matthew C. Lucas wrote. "That, however, is not the law."
December 13, 2021 at 05:40 PM
3 minute read
A Second District Court of Appeals panel reversed a county court's grant of summary judgment in favor of Fednat Insurance Co., which claimed a breach of contract lawsuit was moot after it paid an appraisal award to the assignee.
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