ZENAIDA PEREZ, APPELLANT,
v.
ALLSTATE INSURANCE COMPANY, APPELLEE

Fla. 3d DCA | 1998-04-01
No. 97-3192
Before SCHWARTZ, C.J., and COPE and GREEN, JJ.
709 So. 2d 591 Florida District Court of Appeal, Third District (1998) Negative Treatment
Cited by 15 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon 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 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.

Other
COPE, Judge,

COPE, Judge,

concurring in part and dissenting in part.

I concur that the insured must provide the sworn proof of loss, but would hold that the insured must comply with the other provisions of Section I(3) of the policy before the appraisal clause is triggered.


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Citator

Cited By

  • United States Fid. & Guar. Co. v. Juan and Julia Romay, 744 So. 2d 467 (Fla. 3d DCA 1999)
    …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 DCA 1998); Llaguno v. ARI Mutual Ins. Co., 719 So. 2d 311 (Fla. 3d DCA 1998); Harrah v. Allstate Ins. Co., 721 So. 2d 1266 (Fla. 3d DCA 1999). . See the special concurrence of Chief Judge Schwartz. . In Rivero, the trial court entered sum…
  • Poppy Chimerakis v. Sentry Ins. Mut. Co., 804 So. 2d 476 (Fla. 3d DCA 2001)
    …of law. The trial court granted Sentry’s motion for summary judgment and denied Chimerakis application to compel arbitration. Chimerakis appealed this order. During the pendency of Chimerakis I, we issued our decision in Perez v. Allstate Ins. Co., 709 So. 2d 591 (Fla. 3d DCA 1998), which held that an insured could compel appraisal/arbitration solely upon furnishing a sworn proof of loss.1 Further, prior to the disposition of Chimerakis I, we issued our en banc decision in USF & G Co. v. Romay, 744 So. 2d 46…
  • Llaguno v. ARI Mut. Ins. Co., 719 So. 2d 311 (Fla. 3d DCA 1998)
    …erefore respectfully dissent. Appraisal is conditioned upon the insured party’s compliance with the appropriate informational requests required by the policy in support of their claim for additional insured damages. See Perez v. Allstate Ins. Co., 709 So. 2d 591 (Fla. 3d DCA 1998)(“Upon 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 Allstate Ins.…
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