Florida Insurance Guaranty Association v. Reynolds, ___ So. 3d ___, 39 Fla. L. Weekly D2195 (Fla. 5th DCA October 17, 2014)
The appellate court reversed an order compelling the Florida Insurance Guaranty Association (FIGA) to submit to appraisal of the insureds’ sinkhole claim. The insureds waived their right to appraisal by waiting more than one year after FIGA admitted coverage before demanding appraisal and by filing a motion to compel discovery, moving for and obtaining summary judgment, and noticing the case for trial after the admission of coverage. The combination of long delay and significant litigation activity after the admission of coverage was inconsistent with, and waived, the insureds’ rights to appraisal.