Dale Dobuler (Of Counsel-Orlando) successfully defended a claim for fees and costs in the U.S. District Court, Northern District of Florida, for Wilson Elser's client, an international insurance company. The matter involved a complex first-party commercial property damage claim following hurricane destruction in Panama City. Our client promptly paid the claim, and the insured completed most of the repairs. Sometime later, the insured's public adjuster demanded millions of dollars in additional payments based on prospective repair estimates instead of actual repair costs. A premature suit was filed against Wilson Elser's client to compel appraisal and was stayed multiple times to allow the insured to comply with still-pending post-loss requests. Despite the insured's lack of cooperation, the claim was eventually placed into appraisal by the District Court, with an appraisal award entered in favor of the insured. Under Florida's former fee-shifting statute, the insured's counsel made a motion for entitlement to statutory fees and costs. While Florida law widely holds that a favorable appraisal award can constitute a "confession of judgment," resulting in entitlement to fees and costs, Dale demonstrated that the suit was improper and premature at filing, as claim adjustment was ongoing. The District Court subsequently denied the motion for fees, avoiding what would likely have been a very significant fee award.