From Casetext: Smarter Legal Research

Gables Ct. Pro. v. Merrimack Mut. Fire

District Court of Appeal of Florida, Third District
Aug 31, 1994
642 So. 2d 74 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-372.

August 31, 1994.

An Appeal from the Circuit Court of Dade County; Robert P. Kaye, Judge.

Malca Prager and Jeffrey I. Jacobs, Coral Gables, for appellant.

Power McNalis and Robert C. Groelle and Les C. Shields, Lake Worth, for appellee.

Before BASKIN, JORGENSON and GREEN, JJ.


We reverse the declaratory judgment in the insurer's favor, and reverse the order compelling an appraisal, based on the authority of American Reliance Ins. Co. v. The Village Homes at Country Walk, 632 So.2d 106 (Fla. 3d DCA 1994). We hold that the appraisal clause construed in the case before us is indistinguishable from the clause in American Reliance Ins. Co., "[T]he insurer's reservation of its right to deny the claim destroys mutuality of obligation, is incompatible with the goals of arbitration, and renders illusory any purported agreement to submit to arbitration." American Reliance Ins. Co., 632 So.2d at 107-08. Therefore, the trial court erred in entering a judgment in the insurer's favor and compelling appraisal under these circumstances.

Reversed and remanded.


Summaries of

Gables Ct. Pro. v. Merrimack Mut. Fire

District Court of Appeal of Florida, Third District
Aug 31, 1994
642 So. 2d 74 (Fla. Dist. Ct. App. 1994)
Case details for

Gables Ct. Pro. v. Merrimack Mut. Fire

Case Details

Full title:GABLES COURT PROFESSIONAL CENTRE, INC., APPELLANT, v. MERRIMACK MUTUAL…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 31, 1994

Citations

642 So. 2d 74 (Fla. Dist. Ct. App. 1994)

Citing Cases

Scottsdale Ins. Co. v. Desalvo

Id. According to Judge Cope, when so read, the appraisal provision is not lacking in mutuality of obligation.…

Rosemurgy v. State Farm Fire Casualty Company

PER CURIAM. We have for review the decision in Rosemurgy v. State Farm Fire Casualty Co., 673 So.2d 989 (Fla.…