Consistent with its general support of Alternate Dispute Resolution (“ADR”) procedures, Florida promulgated a mediation procedure for property insurance claims. Fla. Stat. § 627.7015 (2010). This statute contains a provision which, should the insurer fail to comply with mediation notice requirements, can result in a waiver of the insurer’s appraisal rights under the insurance policy.

As mentioned in my May 3, 2012 blog post, courts are frequently asked to determine whether an appraisal award should be overturned. Recently, the Second Circuit was asked to consider the timeliness of an appraisal demand, whether the determination of the period of restoration implicates a coverage issue of the type appraisers cannot decide, and