Baldwin Mutual Insurance Company v. Melissa Adair

I respectfully dissent. As the main opinion notes, Baldwin Mutual Insurance Company (“BMIC”) raises two issues on appeal: (1) Whether the insureds may demand and invoke an appraisal in light of the fact that “the insureds ... have not complied with their post-loss obligations as described in provisions of the insured’s insurance policy”; and (2) whether the insureds have “established the precondition to the appraisal process, namely BMIC’s ‘failure to agree’ or ‘disagreement’ with the insureds as to the value of the loss at issue.” 181 So.3d at 1043.

As to the first issue, BMIC argues that the…