ELIZABETH GALVIS, PETITIONER,
v.
ALLSTATE INSURANCE COMPANY, RESPONDENT
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SCHWARTZ, Chief Judge.
The issue and procedural posture of this case are identical to those in Rios v. TriState Insurance Co., 714 So. 2d 547 (Fla. 3d DCA 1998)
, with the exception that the appraisal clause of the Allstate policy before us requires each party to select a competent and disinterested appraiser,” rather than, as in the policy considered in Rios, an “independent” one. As we have already done in Rips itself by specifically “declining] to apply” Central Life Insurance Co. v. Aetna Casualty & Surety Co., 466 N.W. 2d 257 (Iowa 1991), in which the policy contained the same language as this one, Rios, 714 So. 2d at 549, we reject Allstate’s claim that this makes any legal difference. The contingent-fee appraiser appointed by the insured was therefore fully qualified under the present clause. For this reason, following Rios, we quash the discovery order under review and direct instead that the parties make the disclosures required by the Code of Ethics. Rios, 714 So. 2d at 549.
Certiorari granted.
. Rios was decided after the orders below.
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Fla. Ins. Guar. Ass'n v. Branco, 148 So. 3d 488 (Fla. 5th DCA 2014)…., 714 So. 2d 547, 548-49 (Fla. 3d DCA 1998), which interpreted “independent appraiser” to allow the appointment of an appraiser whose compensation was calculated as a percentage of the eventual appraisal award. See also Galvis v. Allstate Ins. Co., 721 So. 2d 421, 421 (Fla. 3d DCA 1998) (reaching same conclusion when policy required “disinterested appraiser”). Rios was in large part premised on, and extensively quoted from, the then-existing version of the Code of Ethics for Arbitrators in Commercial Dispute…
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State Farm Fla. Ins. Co. v. Crispin, 44 Fla. L. Weekly D2953 (Fla. 5th DCA 2020)
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Parrish v. State Farm Fla. Ins. Co., 356 So. 3d 771 (Fla. 2023)
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- Clemente Rios and Rosa Rios v. Tri-State Ins. Co. a foreign Ins. Co., 714 So. 2d 547 (Fla. 3d DCA 1998)