On December 4, 2018 STRUBLE, P.A. obtained summary judgment in favor of a homeowner whose public adjuster had sought to server as an appraiser. State Farm objected and contended that its insured was required to retain a different appraiser and pay this appraiser on an hourly basis which would have been a financial burden for its insured. STRUBLE, P.A. filed a petition for declaratory relief on behalf of the homeowner and a motion for summary judgment. We argued that current case law allows an appraiser paid on a contingency fee basis for serve as an appraiser and State Farm’s policy did not limit the method of compensation to an appraiser.
The trial court ultimately agreed with our position and held that the insured’s public adjuster could serve as the appraiser. We have obtained similar orders numerous times with various trial courts with one order being appealed by the insurance company and ultimately affirmed by the Fourth District Court of Appeal.