[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-10467 ____________________

BISCAYNE BEACH CLUB CONDOMINIUM ASSOCIATION, INC., Plaintiff-Appellee, versus WESTCHESTER SURPLUS LINES INSURANCE COMPANY, Defendant-Appellant.

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Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:18-cv-23105-MGC ____________________ USCA11 Case: 23-10467 Document: 44-1 Date Filed: 08/06/2024 Page: 2 of 10

2 Opinion of the Court 23-10467

Before WILLIAM PRYOR, Chief Judge, and JILL PRYOR and BRASHER, Circuit Judges. WILLIAM PRYOR, Chief Judge: This appeal requires us to decide whether an insurer waived its objections to an appraiser’s partiality by not objecting before the appraisal issued. Westchester issued a property-insurance policy to Biscayne Beach, which demanded appraisal of a loss that storms inf licted on its property. The district court abated Biscayne Beach’s action, and the parties retained their appraisers, who then selected an umpire to complete the panel. The day the panel met for final negotiations, Biscayne Beach’s appraiser disclosed for the first time—15 months after his retention—that he thought he had a fi- nancial stake in the award on account of a contingency-fee retainer. Westchester did not object, and the panel issued its award over a month later. Westchester later moved to reopen the action and to vacate the award on the ground that the appraiser had acted par- tially. The district court denied the motion—in part because it ruled that Westchester had waived any objection to the appraiser’s par- tiality by not objecting sooner—and confirmed the award. We af- firm because Westchester waived its objection to the appraiser’s partiality. I. BACKGROUND Biscayne Beach Club Condominium insured a Miami prop- erty with a policy issued by Westchester Surplus Lines. The Policy covered certain “direct physical loss.” Biscayne Beach filed claims for coverage after storms ravaged the property. Unsatisfied with USCA11 Case: 23-10467 Document: 44-1 Date Filed: 08/06/2024 Page: 3 of 10

23-10467 Opinion of the Court 3

Westchester’s payments on the loss, Biscayne Beach sued in state court, and Westchester removed to the district court. Biscayne Beach then exercised its right under the Policy to appraise the amount of loss. The district court abated the action so that the parties could complete the binding process described in the following provision titled “Appraisal,” which required each party to select an impartial appraiser and the appraisers to select an umpire: If we and you disagree on the value of the property or the amount of loss, either [party] may make writ- ten demand for an appraisal of the loss. In this event, each party will select a competent and impartial ap- praiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisd