First Party Practice – Florida Statute Section 627.7015
Heather Rogers Barrow successfully compelled appraisal over Plaintiffs’ argument of waiver under Florida Statute Section 627.7015. Plaintiffs alleged that the carrier had waived its right to appraisal because it did not provide notice of mediation as required by the statute. Attorney Rogers Barrow countered that suit had been filed prematurely, prior to the conclusion of the investigation of the Plaintiffs’ assessment of the damages incurred. As such, Attorney Rogers Barrow argued that Plaintiffs failure to allow the carrier to complete its investigation prevented any “dispute” from arising that would have triggered the statutory notice of mediation requirement. The court agreed and compelled Plaintiffs to appraisal.