Case Discusses Differences between Arbitration and Appraisal Proceedings
Citizens Property Insurance Corporation v. Mango
Hill #6 Condominium Association, Inc., 38 Fla. L. Weekly D1507c, Case
No. 3D10-2630, issued on July 10, 2013. Trial court's application of the
Florida Arbitration Code to confirm an "appraisal" award for roof damages
following Hurricane Wilma was held to be inappropriate, and the award reversed
and remanded. This case discussed the differences between the more formal
"arbitration" and the less
formal "appraisal" proceedings, with the later conferring no right of
notice or to hear evidence, and with the sole issue for determination in an
"appraisal" proceeding being the value of the loss, and NOT the other
issues of coverage and defenses.
(From RPPTL Subcommittee)
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
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