27 Fla. L. Weekly Supp. 882a
Online Reference: FLWSUPP 2710SANTInsurance — Appraisal — Disinterested appraiser — Neither public adjuster who was hired as loss consultant for plaintiffs and produced estimate for plaintiffs prior to invocation of appraisal nor anyone affiliated with adjuster’s firm satisfy policy appraisal provision’s requirement for disinterested appraiser
CRUZ SANTIAGO and LUZ SANTIAGO, Plaintiffs, v. STATE FARM FLORIDA INSURANCE COMPANY, Defendant. Circuit Court, 9th Judicial Circuit in and for Orange County. Case No. 2019-CA-007154-O. November 14, 2019. Keith A. Carsten, Judge. Counsel: Stephanie Balint, Homeowner Legal Solutions, LP, Plantation, for Plaintiff. Christopher Goodrum and Lynn S. Alfano, Alfano Kingsford, P.A., Maitland, for Defendant.
ORDER ON DEFENDANT’S MOTION TO COMPELAPPRAISAL WITH A DISINTERESTED APPRAISERAND ABATE LITIGATION
THIS CAUSE, having come before the Court on October 29, 2019, on Defendant’s Motion to Compel Appraisal with a Disinterested Appraiser and Abate Litigation, and the Court having reviewed the record, having heard argument of counsel, and being otherwise duly advised of the premises, the Court makes the following findings:
1. Public adjuster Erick Arias of Universal Loss Consultants, Inc., was hired as a loss consultant for the Plaintiffs with respect to the subject insurance claim.
2. Erick Arias produced an estimate for the Plaintiffs prior to the invocation of appraisal.
3. There exists a fiduciary relationship between Erick Arias and the Plaintiffs through the Plaintiffs’ counsel.
4. It is unreasonable to believe that Erick Arias would second-guess his initial estimate at appraisal.
5. There is too great a likelihood that neither Erick Arias, nor any other person affiliated with Universal Loss Consultants, Inc. could be disinterested for the purposes of appraisal as required by the appraisal provision of the subject policy.
In accordance with this Court’s findings, it is hereby
ORDERED and ADJUDGED that:
1. Defendant’s Motion to Compel Appraisal with a Disinterested Appraiser and Abate Litigation is GRANTED;
2. This action is abated pending the completion of the appraisal process;
3. Neither Erick Arias, nor any other person affiliated with Universal Loss Consultants, Inc., nor any person affiliated with CV Perez Construction Corp., are disinterested as required by the policy.
4. Plaintiffs have thirty (30) days from the date of this Order to appoint an appraiser not affiliated with either Universal Loss Consultants, Inc. or CV Perez Construction Corp.;
