Florida Insurance Guaranty Association v. Santos, ___ So. 3d ___, 39 Fla. L. Weekly D2196 (Fla. 5th DCA October 17, 2014)
The appellate court affirmed an order compelling the Florida Insurance Guaranty Association (FIGA) to submit to appraisal of the insured’s sinkhole claim. The insureds did not waive their right to appraisal by waiting three months after FIGA admitted coverage before filing their motion to compel appraisal and by filing a single discovery request, which did not address the amount of loss or the method of repair, after the admission of coverage. Because the discovery request did not extend to an issue that was subject to appraisal, a waiver did not occur.