A surplus lines insurer waived its right to object to a condominium association’s choice of appraiser because the insurer waited too long to make the objection. The case is Biscayne Beach Club Condo. Ass'n, Inc. v. Westchester Surplus Lines Ins. Co., 111 F.4th 1182 (11th Cir. 2024).
Biscayne Beach Club Condo Association (Biscayne) had a property in southern Florida that suffered severe damage in a storm. Its commercial property carrier, Westchester, accepted the subsequent claim. Biscayne, however, was not pleased with the payments and filed suit against Westchester.