Responding to the Third DCA’s recent opinion in People’s Trust Insurance v. Lavadie, the great victory according to People’s Trust’s attorney, Mr. Cantero, is that policyholders will be more likely to proceed with appraisal and mediation “saving the insured the time and expense of litigating these issues.” All is well and good for an insurance carrier in the business of low-balling repair estimates to save on the bottom line while wishing to avoid the pressure points of attorney costs and fees they feel in litigation. But what about the homeowner?

From the plaintiff’s perspective, the reality is that appraisal and mediation requirements are impediments to policyholders seeking swift closure to claims—especially ones where damage is ongoing, and time is of the essence. Take a recent example from our office where a client suffered water damage after his plumbing system sprung a leak. After reporting the loss, the carrier adjusted the claim for an amount below the deductible. Meanwhile, a third-party estimator hired by our firm valued the total cost of repair in the tens of thousands of dollars.