Spotlight: Property Insurance Case To Watch

(January 2022) - On December 21, 2021, the Florida Supreme Court accepted jurisdiction arising from State Farm Fla. Ins. Co. v. Parrish, 312 So. 3d 145, 151 (Fla. 2d DCA 2021), holding "[w]e certify conflict with Brickell, to the extent it holds that a public adjuster who has a contingency interest in an insured's appraisal award or represents an insured in an appraisal process can serve as a 'disinterested appraiser' under a policy's appraisal provision." With the court's acceptance of jurisdiction in Parrish, which is based upon the noted conflict with Brickell, and knowing that Brickell relied upon Rios v. Tri-State Insurance Company, 714 So. 2d 547 (Fla. 3d DCA 1998), it appears that the Parrish court will solidify the meaning of "disinterested," "independent" and "impartial" appraisers – and will not limit its ruling to just "disinterested" appraisers.