Clausen Miller Secures Victory in Florida 2nd DCA Appraisal Case
Clausen Miller recently prevailed on appeal before Florida’s Second District Court of Appeal. Following oral argument and briefing by Florida partner Michael J. Raudebaugh, the Second District affirmed, per curiam, the final order of the Circuit Court of the Sixth Judicial Circuit denying Plaintiff’s Petition to Recuse and Disqualify the Umpire in an insurance appraisal. This speedy affirmation represents the Second District’s unanimous agreement with the lower court’s findings and leaves the original decision intact.
In the underlying action, the plaintiff, a condominium association, petitioned the Circuit Court to disqualify and recuse the umpire who had been previously selected and agreed to by the appraisers for the plaintiff and its insurer. The policy of insurance contained widely used language providing that the two “competent and impartial” appraisers would select an umpire, though the policy was silent as to any qualifications needed for the umpire. The policy allowed for either appraiser to request that a court select the umpire, but only if the appraisers could not agree on an umpire. It was undisputed that the parties selected appraisers and that both appraisers agreed to appoint the umpire for the appraisal process. However, the appraisal process came to a halt when the plaintiff sought to disqualify the umpire after it discovered a dubious purported conflict. Clausen Miller successfully defended this attempt to disqualify the umpire, with the trial court holding that the policy language did not allow it to intervene in the appraisal process.
Litigation at the Circuit Court level was truly a team effort, as it was skillfully handled by Melissa Burghardt, Kelly Vogt, Margaret Fahey, and Charley Deutsch.
Michael J. Raudebaugh
Private: Melissa M. Burghardt
Kelly M. Vogt
Margaret Hupp Fahey
Charles W. Deutsch