NORTH SHORE HOSPITAL AND TOTURA & COMPANY, APPELLANTS,

v.

ROSIE JOSEPH, APPELLEE

Citator

Cited By (21 total)

• Mariano R. Gonzalez and Rene Gonzalez v. State Farm Fire & Cas. Co., 805 So. 2d 814 (Fla. 3d DCA 2000)
  …tract.” 751 So. 2d at 760 (citations omitted). Whether appraisal is a condition precedent to the bringing of a lawsuit depends on the wording of the insurance contract. See Paradise Plaza Condominium Ass’n, Inc. v. The Reinsurance Corp. of New York, 685 So. 2d 937, 940 n. 2 (Fla. 3d DCA 1996) (en banc). . The Second District apparently takes a different view of Licea. It appears that in Florida Select Insurance Co. v. Keelean, 727 So. 2d 1131 (Fla. 2d DCA 1999), the court concluded that it was an issue for t…
• Citizens Prop. Ins. Corp. v. Mango Hill # 6 Condo. Ass'n, Inc., 117 So. 3d 1226 (Fla. 3d DCA 2013)
  …2d at 219; 15 Couch on Insurance §§ 209.9, 213.65. Finally, all issues other than those contractually assigned to the appraisal panel are reserved for determination in a plenary action. Paradise Plaza Condo. Ass’n Inc. v. Reinsurance Corp. of N.Y., 685 So. 2d 937, 940 (Fla. 3d DCA 1996) (stating the phrase “right to deny the claim” in an appraisal clause identical to the one before us is the functional equivalent of the Hanover clause that the [appraisers] “shall not decide the [carrier’s] liability”); see a…
• Sunshine State Ins. Co. v. Rawlins, 34 So. 3d 753 (Fla. 3d DCA 2010)
  …w in our district that the order in which the issues of damages and coverage are to be determined by arbitration and the court is left to the discretion of the trial court. See Paradise Plaza Condo. Assoc., Inc. v. The Reinsurance Corp. of New York, 685 So. 2d 937 (Fla. 3d DCA 1996). In Paradise Plaza, we recognized that putting the issue of coverage first before arbitration in ev [*755] ery case might have adverse effects on the expeditious, out of court disposition of litigation, which is the reason arbitra…

Authorities Cited

• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)