Insurance — Homeowners — Appraisal pursuant to appraisal provision in Preferred Contractor Endorsement — Waiver — Insurer did not waive right to compel appraisal by not invoking its appraisal right as an affirmative defense to insured’s breach of contract action where insurer, in the same pleading containing affirmative defenses, asserted counterclaims seeking insureds’ compliance with appraisal provision — Insurer did not waive right to compel appraisal because its counterclaim sought to void policy because of insureds’ refusal to participate in appraisal — Party will not be deemed to have waived appraisal unless party’s litigation position is inconsistent with party’s assertion of right to appraisal — Demand for appraisal was not untimely where insurer sent insureds letter demanding appraisal before it had notice of insureds’ lawsuit — Remand for trial court to reconsider insurer’s motion to compel appraisal and to determine order in which coverage issues and appraisal are determined
45 Fla. L. Weekly D1149a
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