HARCO NATIONAL INSURANCE COMPANY, PETITIONER,
v.
FRANCISCO ROBLES, RESPONDENT
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Appraisal clauses in insurance policies are not void for lack of mutuality of obligation due to retained rights clauses.
An insured's dump truck was stolen, and after an appraisal process, the insured refused the amount offered by the insurer, Harco. The insured filed su…
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HARDING, Justice.
We have for review Robles v. Harco National Insurance Co., 669 So. 2d 1049 (Fla. 3d DCA 1995), which expressly and directly conflicts with our decision in State Farm Fire & Casualty Co. v. Licea, 685 So. 2d 1285 (Fla.1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Robles’ dump truck was stolen and he filed a claim with Harco, his insurer. After the parties submitted to an appraisal, as provided for in the policy, Robles refused the amount agreed upon under the appraisal process and filed suit. The trial court granted Harco’s motion for summary judgment. The Third District Court of Appeal reversed, holding that under its decision in American Reliance Ins. Co. v. Village Homes at Country Walk, 632 So. 2d 106 (Fla. 3d DCA), review denied, 640 So. 2d 1106 (Fla.1994), the appraisal clause was void for lack of mutuality of obligation because Harco reserved the right to deny the claim even if it submitted to an appraisal.
We considered this exact issue in Licea. There we held that appraisal clauses are not void for lack of mutuality of obligation simply because of retained rights clauses, where we interpret such clauses as retaining only the right to dispute the issues of coverage as to the whole loss, or whether the policy conditions have been violated in certain ways. See Licea, 685 So. 2d at 1288.
We therefore quash the decision of the district court below and remand for proceedings consistent with Licea.
It is so ordered.
OVERTON, SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur.
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First Protective Ins. Co. v. Hess, 81 So. 3d 482 (Fla. 1st DCA 2011)…to dispute the issues of coverage as to the whole loss, or whether the policy conditions have been violated as specified above. 685 So. 2d at 1288. The Florida Supreme Court has cited approvingly to Licea. See Harco Nat. Ins. [*485] Co. v. Robles, 685 So. 2d 1288 (Fla.1996) (holding an appraisal clause was not void for lack of mutuality due to a retained rights clause based on the holding in Licea). See Johnson v. Nationwide Mut. Inc. Co., 828 So. 2d 1021, 1022 (Fla.2002) (holding that causation is a coverag…
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Paul v. Facchina, Jr., 735 So. 2d 499 (Fla. 4th DCA 1999)…under section 540.08 for unauthorized use of his likeness in ads directed to homosexuals with AIDS.4 Turning next to plaintiffs common law tort claims of defamation and invasion of privacy, we note that in HTP, Ltd. v. Lineas Aereas Costarricenses, 685 So. 2d 1288 (Fla.1996), the court made clear that: “[ELR] has not eliminated causes of action based upon torts independent of the contractual breach even though there exists a breach of contract action. Where a contract exists, a tort action will lie for eithe…
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Rosemurgy v. State Farm Fire & Cas. Co., 685 So. 2d 1289 (Fla. 1996)…(Fla.1996), Gables Court Professional Centre, Inc. v. Merrimack Mutual Fire Insurance Co., 642 So. 2d 74 (Fla. 3d DCA), review dismissed, 650 So. 2d 990 (Fla.1994), Robles v. Harco National Insurance Co., 669 So. 2d 1049 (Fla. 3d DCA 1995), quashed, 685 So. 2d 1288 (Fla. Dec. 26,1996), and American Reliance Insurance Co. v. Village Homes at Country Walk, 632 So. 2d 106 (Fla. 3d DCA), review denied, 640 So. 2d 1106 (Fla.1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Rosemurgy relied on Scottsda…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State Farm Fire & Cas. Co. v. Elicer Licea, 685 So. 2d 1285 (Fla. 1996)
- Am. Reliance Ins. Co. v. The Vill. Homes AT Country Walk, 632 So. 2d 106 (Fla. 3d DCA 1994)
- Robles v. Harco Nat'l Ins. Co., 669 So. 2d 1049 (Fla. 3d DCA 1995)