Saturday, August 28, 2010

Insurance Appraisal Dispute: Cone and Kuntz File Amicus Brief in U.S. 11th Circuit

GrayRobinson attorneys Perry Cone and Jeffrey Kuntz filed an amicus curiae brief on behalf of the American Insurance Association (AIA).

The brief was filed with the United States Court of Appeals for the Eleventh Circuit, in Chubb Custom Insurance Company v. Vista View Apartments, Ltd. The appeal involved the important question of whether Florida's federal courts would follow its state courts in allowing the review of an appraisal award to eliminate uncovered losses.

GrayRobinson argued that, if the 11th Circuit declined to reconsider its interpretation of Florida law in Three Palms Pointe, Inc. v. State Farm Fire & Cas. Co., 362 F. 3d 1317 (11th Cir. 2004), insurers subject to federal court jurisdiction would be in the untenable position of either having to pay for uncovered losses or having to deny coverage for the entire claim.


Perry Cone practices insurance, compliance and government law, and provides consulting to in-house counsel, from the Tallahassee office of GrayRobinson. He writes from his perspective as a former general counsel, legal executive, and leader in the Florida insurance industry.   Visit Perry's blog at

Jeffrey Kuntz focuses on appellate law and litigation in GrayRobinson's Ft. Lauderdale office.  Visit Jeff's blog at

AIA is a leading property-casualty insurance trade organization, representing approximately 300 insurers that write more than $117 billion in premiums each year.  Visit AIA at

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