ALLSTATE INSURANCE COMPANY, APPELLANT,
v.
CARLOS SIERRA AND LILIA SIERRA, APPELLEES
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SCHWARTZ, Chief Judge.
Under the applicable homeowners’ policy, the parties were, as a matter of law, required to go to appraisal-arbitration to determine the amount of the insured losses caused by Hurricane Andrew. See State Farm Fire & Cas. Co. v. Licea, 685 So. 2d 1285 (Fla.1996); Paradise Plaza Condominium Ass’n, Inc. v. Reinsurance Corp. of New York, 685 So. 2d 937 (Fla. 3d DCA 1996). Because there was no dispute either as to the “making of the agreement to arbitrate,” that is, the insurance policy, or that the carrier, by its very resistance to the insureds’ application for appraisal, had not complied with that agreement, see Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Melamed, 425 So. 2d 127, 129 (Fla. 4th DCA 1982), pet. for review denied, 433 So. 2d 519 (Fla.1983), the trial court acted correctly by summarily ordering appraisal without formal hearing. See Proper v. Don Conolly Constr. Co., Inc., 546 So. 2d 758, 759 (Fla. 2d DCA 1989); Melamed, 425 So. 2d at 127.
Affirmed.
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Citator
Cited By (11 total)
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United States Fid. & Guar. Co. v. Juan and Julia Romay, 744 So. 2d 467 (Fla. 3d DCA 1999)…ti and remand with directions that the trial court require compliance with the policy’s preconditions to appraisal before granting motions to compel appraisal. We affirm the order in Rivero. We recede from our opinion in Allstate Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998) and its progeny. We remand for further proceedings consistent with the views expressed in this opinion. . See Allstate Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998); Perez v. Allstate Ins. Co., 709 So. 2d 591 (Fla. 3d DC…1 / 3
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Zenaida Perez v. Allstate Ins. Co., 709 So. 2d 591 (Fla. 3d DCA 1998)…on the sole condition that the insured file the sworn proof of loss required by the policy in support of her claim for additional insured damages, the order below denying appraisal is reversed on the authority of All [*592] state Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998), and the cause is remanded with directions to order appraisal. SCHWARTZ, C.J., and GREEN, J., concur. COPE, J., concurs in part and dissents in part.…
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Poppy Chimerakis v. Sentry Ins. Mut. Co., 804 So. 2d 476 (Fla. 3d DCA 2001)…e an appraiser as a breach of contract, thereby relieving her of further performance under the policy, and filed the suit to compel appraisal/arbitration. [*478] While her suit was pending below, we issued our opinion in Allstate Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998), which held that where the existence of an appraisal provision was not in dispute, the insurer was required to submit to an appraisal as a matter of law. Sierra did not address whether the insured was required to perform any condi…
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- State Farm Fire & Cas. Co. v. Elicer Licea, 685 So. 2d 1285 (Fla. 1996)
- Merrill Lynch Pierce Fenner & Smith, Inc. v. Melamed, 425 So. 2d 127 (Fla. 4th DCA 1982)
- N. Shore Hosp. & Totura & Co. v. Joseph, 685 So. 2d 937 (Fla. 3d DCA 1996)
- Paradise Plaza Condo. Ass'n, Inc. v. The Reinsurance Corp. of N.Y., 685 So. 2d 937 (Fla. 3d DCA 1996)
- Proper v. DON Conolly Constr. Co., Inc., 546 So. 2d 758 (Fla. 2d DCA 1989)