Appraisal Law: Roberto Diaz Herrera & Ana L. Delgado v. Scottsdale Ins. Co.

Appraisal Law in Florida! 

Recently, the United States District Court for the Southern District of Florida recommended that an insured was not entitled to recover attorneys’ fees and costs after the an appraisal award was signed. After suit was filed for this Hurricane Irma claim, the Court entered an order staying the matter pending appraisal of the loss. The appraisal award, signed by the insured’s appraiser and the carrier’s appraiser, agreed that the amount of loss was $20,713.31; resulting in an overpayment of about $10,000 by the carrier.

The insureds argued they were entitled to fees and costs, but the carrier rejected this notion and argued that the insureds were not entitled to fees and costs because, pursuant to Florida law, they did not recover any additional payment as a result of the appraisal. The Court found in favor of the carrier and recommended the motion for fees and costs be denied.