Northern District of Florida Strikes $187 Million Hurricane Sally Damage Appraisal

During hurricane season, Florida often gets hit hard. The most serious storms result in a loss of life, but even weather events that don’t qualify as hurricanes can leave property owners with millions of dollars in damages. When this occurs, quantifying the specific losses can trigger contentious disputes over insurance coverage and the value of property claims. 

Hurricane Sally ripped through the Florida Gulf Coast in 2020. As a result, the Portofino Master Homeowners Association and related groups filed insurance claims based on damage to their properties in Pensacola Beach. In accordance with the policy terms, both the association and carrier groups each selected an appraiser to calculate the loss. 

Patrick Lewis, the appraiser for the insurance companies, stated that damage amounted to $18 million. Meanwhile, Portofino appraiser George Keys presented a “statement of loss” for $233 million. Later, this was reduced to $187 million. When pressed on how that figure was reached, Keys acknowledged that it did not reflect the amount required to complete storm-related repairs, but rather was a “starting point” for discussions. In effect, Keys said he was providing a catalogue of various repair estimates that an umpire could select from if they had to decide the matter because a settlement could not be reached. 

The U.S. District Court for the Northern District of Florida rejected this approach. In her decision, Judge M. Casey Rodgers held that this was not a situation where Keys simply made an error in his appraisal. Rather, he failed to fulfill his responsibility completely, because he never stated the required amount of loss. Accordingly, the appraisal award could not stand because it was a non-representative, exploratory figure. 

Parties relying on appraisals should ensure appraisers comply strictly with policy language and submit clear, reasoned, supported statements of the loss amount. A mere price list will not suffice. If you’re engaged in a claim that involves differing appraisals, an experienced insurance law attorney can assess whether legal standards and policy terms were honored. 

Clay Parker, Esq. The Florida Lawyer handles a wide range of insurance matters for clients throughout the state. For an appointment to discuss your particular legal needs, please call [ln::phone] or contact us online. Our office is in Orlando.

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