In a recent first-party coverage claim, an insurer invoked its homeowner’s policy’s appraisal provision pre-suit when the parties could not agree on the scope of loss. The appraisal provision required both parties to select an appraiser, who were in turn required to agree mutually upon a neutral umpire for appraisal. The policy’s appraisal provision stated further that in the event the appraisers could not agree upon a neutral umpire, either party could initiate a legal action to request that the court appoint an umpire. When …Continue Reading
While one may expect that an insurer opposing an award of attorney’s fees to a plaintiff in bad faith litigation would be entitled to review the billing records of the plaintiff’s attorney, the Florida Supreme Court has ruled that an insurer’s defense counsel’s billing records are discoverable by the plaintiff.
In Paton v. GEICO General Insurance Company, the plaintiff insured asserted a bad faith claim against her UM insurer and sought recovery of attorney’s fees. To support the reasonableness of her attorney’s fees, she …Continue Reading