Policyholder Waits Too Long to Request Appraisal–So “Waive” Goodbye to the Appraisal Remedy

Originally published by Shaun Marker.

Several posts on this blog have discussed how important it is to request appraisal timely and to not act inconsistently with the right to appraisal—or it can be waived. Actively litigating a case has been held to be a waiver of appraisal. There has been another recent case in Florida dealing with this issue.1
The policyholders had discovered sinkhole damage to their property and made a claim with HomeWise Preferred Ins. Co. The carrier confirmed sinkhole activity at the property as a cause of the damage to the property. Several months later, some payment was made to the policyholders and they later hired counsel. They sought additional damages and a slightly different repair protocol from some experts of their own. The carrier requested neutral evaluation; the policyholder filed a lawsuit during the neutral evaluation process. They agreed to stay the case pending completion of neutral evaluation. A few months after the process was completed, the policyholders requested the case…

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