SUN INSURANCE OFFICE, LTD., APPELLANT,
v.
CHARLES F. PHILLIPS AND PATRICIA PHILLIPS, APPELLEES
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The court held that an order denying a motion to compel arbitration is appealable, even if coupled with a motion to dismiss, when coverage is admitted and no justiciable issue exists.
An insurer moved to dismiss and compel arbitration, attaching an affidavit admitting coverage. The trial court denied this motion. The Phillips' compl…
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The Phillips’ unsworn complaint alleges that the insurer denied that its coverage of $10,000 on each of three vehicles owned by Mr. Phillips made available to Phillips $30,-000 coverage under the uninsured motorist provision. The insurer filed a motion to dismiss and to compel arbitration, to which it attached an affidavit of its manager to the effect that the insurer admitted coverage in the amount of $30,000 and had never denied it. This motion was denied and this appeal ensued.
The insurer has a right under its contract to arbitration and promptly moved to compel it pursuant to Florida Statutes § 682.03 (1969), F.S.A. The order denying the “motion to dismiss and to compel arbitration” is appealable under Section 682.20 in spite of coupling with the motion to compel arbitration a motion to dismiss. Southeastern Title & Insurance Co. v. Curtis, Fla.App.1963, 155 So.2d 855, apparently involved a motion less artfully drawn. We express no opinion on the wisdom of that decision.
We do not deal here with a case in which coverage is denied, as in Cruger v. Allstate Insurance Co., Fla.App.1964, 162 So.2d 690, and American Southern Insurance Co. *18v. Daniel, Fla.App. 1967, 198 So.2d 850. Both the fact and extent of coverage are here admitted.
Where the record shows no justiciable issue and the contractual right to arbitration a motion to compel it should be granted. Bohlmann v. Allstate Insurance Co., Fla.App.1965, 171 So.2d 23; Netherlands Insurance Co. v. Moore, Fla.App.1966, 190 So.2d 191.
This opinion is not to be taken as authority for the proposition that the extent of coverage is as the insurer has herein agreed. That question is not before us.
Reversed and remanded with directions to compel arbitration.
LILES, A. C. J., and PIERCE, J., concur.
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VIC Potamkin Chevrolet, Inc. v. Bloom, 386 So. 2d 286 (Fla. 3d DCA 1980)…mer provisions of Section 4.2a. of the Florida Appellate Rules, 1962 Revision, citing Damora v. Givotovsky, 301 So. 2d 37 (Fla. 4th DCA 1974); Gersh v. Concept House, Inc., 291 So. 2d 258 (Fla. 3d DCA 1974) and Sun Insurance Office Ltd. v. Phillips, 230 So. 2d 17 (Fla. 2d DCA 1970). We have no quarrel with those cases because the Florida Appellate Rules, 1962 Revision, Rule 1.4 formerly provided that: “All statutes not superseded hereby or in conflict herewith shall remain in effect as rules promulgated by…1 / 2
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Balboa Ins. Co. v. W. G. Mills, Inc., 403 So. 2d 1149 (Fla. 2d DCA 1981)…s right to arbitration after he actively participated in the lawsuit. A different result has been reached where a party has sought to enforce his right to arbitration in the initial response to a complaint. In Sun Insurance Office, Ltd. v. Phillips, 230 So. 2d 17 (Fla. 2d DCA 1970), an insurer responded to the insured’s complaint with the motion to dismiss and to compel arbitration. In reversing the denial of the motion, we implicitly recognized that the right to arbitration had not been waived by coupling w…
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Kenilworth Ins. Co. v. Drake, 396 So. 2d 836 (Fla. 2d DCA 1981)…we deem it advisable to explain our reasoning. I. Arbitration. Policy provisions for arbitration are binding insofar as they require referral to an arbitration panel of such issues as liability and damages. Sun Insurance Office, Ltd. v. Phillips, 230 So. 2d 17 (Fla. 2d DCA 1970). Questions pertaining to the coverage provided by a policy, however, must be adjudicated by the courts. Midwest Mutual v. Santiesteban, 287 So. 2d 665, 667[5] (Fla.1974). Further, once a proper case for declaratory relief has been…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cruger v. Allstate Ins. Co., 162 So. 2d 690 (Fla. 3d DCA 1964)
- Bohlmann v. Allstate Ins. Co., 171 So. 2d 23 (Fla. 2d DCA 1965)
- The Netherlands Ins. Co. v. Moore, 190 So. 2d 191 (Fla. 1st DCA 1966)
- Se. Title & Ins. Co. v. Curtis, 155 So. 2d 855 (Fla. 3d DCA 1963)
- Am. S. Ins. Co. v. Daniel, 198 So. 2d 850 (Fla. 1st DCA 1967)