Summary
In Allstate Ins. Co. v. Sierra, 705 So.2d 119 (Fla. 3d DCA 1998), this court affirmed an order awarding the Sierras the appraisal they sought in their declaratory judgment action against Allstate Insurance Company.
Summary of this case from Sierra v. Allstate Ins. Co.Opinion
Case No. 97-2973
Opinion filed January 21, 1998. JANUARY TERM, A.D. 1998
An Appeal from a non-final order from the Circuit Court for Dade County, Sidney B. Shapiro, Judge. L.T. No. 97-13535
Powers, McNalis, Moody Groelle and Brian C. Powers (Lake Worth) and Christopher DeLorenzo, for appellant.
Ress, Mintz Truppman and Keith A. Truppman, for appellees.
Before SCHWARTZ, C.J., and GODERICH and SORONDO, JJ.
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.