STATE FARM FLORIDA INSURANCE COMPANY
v.
CATHERINE CADET
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An insured's public adjuster who is entitled to a contingency fee from recovered insurance proceeds cannot serve as a disinterested appraiser under an insurance contract's alternative dispute resolution provision.
[1] A public adjuster retained by an insured and entitled to a contingency fee from recovered insurance proceeds lacks the requisite disinterestedness to serve as an appraise…
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Join FLexlaw to unlock all legal intelligenceState Farm Florida Insurance Company sought certiorari review of a trial court order that authorized its insured's public adjuster to serve as a disin…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
STATE FARM FLORIDA INSURANCE COMPANY,
Petitioner,
v. Case No. 5D19-2291
CATHERINE CADET,
Respondent.
________________________________/
Opinion filed February 21, 2020
Petition for Certiorari Review of Order from the Circuit Court for Brevard County, George T. Paulk, Judge.
Robert A. Kingsford, Lynn S. Alfano, and Christopher J. Goodrum, of Alfano Kingsford, P.A., Maitland; Kara Rockenbach Link, and David A. Noel, of Link & Rockenbach, PA, West Palm Beach, for Petitioner.
Matthew G. Struble and Christine Skubala, of Struble, P.A., Fort Lauderdale, for Respondent.
PER CURIAM.
In this first-tier certiorari proceeding, State Farm Florida Insurance Company asks this Court to quash the trial court’s order, which authorized its insured’s public adjuster, who is entitled to a contingency fee from any recovered insurance proceeds, to serve as a “disinterested appraiser” under the insurance contract’s alternative dispute resolution
2 provision. We recently addressed this identical issue, determining that an insured’s public adjuster could not act as a disinterested appraiser in these circumstances. State Farm Fla. Ins. v. Crispin, 45 Fla. L. Weekly D288 (Fla. 5th DCA Feb. 7, 2020). As such, we quash the trial court’s order. See also State Farm Fla. Ins. v. Valenti, 285 So. 3d 958 (Fla. 4th DCA 2019); State Farm Fla. Ins. v. Sanders, 44 Fla. L. Weekly D1901 (Fla. 3d DCA July 24, 2019); Fla. Ins. Guar. Ass’n v. Branco, 148 So. 3d 488, 490 (Fla. 5th DCA 2014). CERTIORARI GRANTED; ORDER QUASHED.
ORFINGER, COHEN and EDWARDS, JJ., concur.