SUBIRATS v. FIDELITY NAT. PROPERTY

No. 3D12-68.

106 So.3d 997 (2013)

Fernando SUBIRATS, et al., Appellants, v. FIDELITY NATIONAL PROPERTY, etc., Appellee.

District Court of Appeal of Florida, Third District.

February 20, 2013.


Attorney(s) appearing for the Case

Joseph W. Ligman and Jeffrey A. Dethuin , for appellants.

Cooney Trybus Kwavnick Peets, Warren B. Kwavnick , Bruce M. Trybus , and Meredith Chaiken-Weiss , Fort Lauderdale, for appellee.

Before WELLS, C.J., and SHEPHERD and SALTER, JJ.


SHEPHERD, J.

The decisive issue in this case is whether an insurer who fails to comply with an administrative rule requiring it to notify its insured within five days of receiving a claim that he or she has the right to participate in a state-sponsored mediation program waives the insurer's right to enforce a policy appraisal provision. Based upon our study of the pertinent legislation, we conclude that in adopting the five-day rule, the Florida Department of Financial...

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