Florida Insurance Guaranty Association v. Rodriguez, ___ So. 3d ___, 39 Fla. L. Weekly D2196 (Fla. 5th DCA October 17, 2014)
The appellate court reversed an order compelling the Florida Insurance Guaranty Association (FIGA) to participate in appraisal of the insureds’ sinkhole claim. The insureds waived their right to appraisal by waiting three years after the insolvent insurer admitted coverage before demanding appraisal and by filing suit for breach of contract and conducting discovery after the admission of coverage. The combination of long delay and litigation activity after the admission of coverage was inconsistent with, and waived, the insureds’ rights to appraisal.