MARCOS CASTELLS
v.
PEOPLE'S TRUST INSURANCE COMPANY
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An insurer does not waive its right to appraisal by asserting counterclaims for compliance with the appraisal provision in its first responsive pleading and subsequently litigating the case.
[1] An insurer does not waive its contractual right to appraisal by filing counterclaims expressly seeking enforcement of the appraisal provision in its first responsive plea…
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Join FLexlaw to unlock all legal intelligence“Because People's Trust invoked its right to appraisal in its first responsive pleading, we conclude People's Trust did not waive the right to seek appraisal by actively litigating the case.”
From People's Tr. Ins. Co. v. Vidal, cited in support of the affirmance
Marcos Castells filed a suit against People's Trust Insurance Company. People's Trust asserted counterclaims in its first responsive pleading expressl…
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PER CURIAM.
Affirmed. See People’s Tr. Ins. Co. v. Vidal, 305 So. 3d 710, 715 (Fla. 3d DCA 2020) (“While People’s Trust did not seek to invoke its right to appraisal as an affirmative defense in response to Insureds’ complaint, People’s Trust did, in the same pleading containing its affirmative defenses, assert two counterclaims expressly seeking Insureds’ compliance with the appraisal provision. . . . Because People’s Trust invoked its right to appraisal in its first responsive pleading, we conclude People’s Trust did not waive the right to seek appraisal by actively litigating the case.”) (footnote omitted);
People’s Tr. Ins. Co. v. Nowroozpour, 277 So. 3d 135, 136-37 (Fla. 4th DCA 2019) (“After a homeowner has filed suit, it may be traditional for an insurer to move to compel an appraisal to seek enforcement of the policy provisions;
however, this does not preclude an insurer from filing a counterclaim alleging that the insurer is entitled to enforce the provisions of the insurance contract through specific performance.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- People's Tr. Ins. Co. v. Parvin Nowroozpour and Parviz Nowroopour, 277 So. 3d 135 (Fla. 4th DCA 2019)
- People's Tr. Ins. Co. v. Vidal, 305 So. 3d 710 (Fla. 3d DCA 2020)