Opinion

Paradise Plaza Condominium Ass'n v. Reinsurance Corp. of New York

  • 685 So. 2d 937
  • 1996 Fla. App. LEXIS 13215
  • 1996 WL 727159
Court
District Court of Appeal of Florida
Filed
Dec 19, 1996
Status
Published
Author
Jorgenson
On the bench
Barkdull, Cope, Fletcher, Gersten, Goderich, Green, Jorgenson, Levy, Nesbitt, Schwartz, Shevin
Cited by
20 cases
Authority
More cited than 0.6%

stating the phrase “right to deny the claim” in an appraisal clause identical to the one before us is the functional equivalent of the Hanover clause that the [appraisers] “shall not decide the [carrier’s] liability”

How later courts described this case

  • stating the phrase “right to deny the claim” in an appraisal clause identical to the one before us is the functional equivalent of the Hanover clause that the [appraisers] “shall not decide the [carrier’s] liability”
  • concluding dual-track approach avoids “adverse effects on the expeditious, out of court disposition of litigation” and saves “judicial resources which might otherwise be required in resolving the factual and legal issues involved in [coverage disputes]”
  • holding that “the order in which the issues of damages and coverage are to be determined respectively by arbitration and the court should be left within the discretion of the trial judge”
  • holding that reservation of insurer’s right to contest coverage does not render damage appraisal clause “void for lack of 7 mutuality”

Written by the judges who cited it.

The opinion

JORGENSON, Judge,

dissenting.

I would adhere to the panel opinion in American Reliance Ins. Co. v. Village Homes at Country Walk, 632 So.2d 106 (Fla. 3d DCA 1994). In that opinion, we held that “the insurer’s reservation of its right to deny the claim destroys the mutuality of obligation, is incompatible with the goals of arbitration, and renders illusory any purported agreement to binding arbitration.” American Reliance, 632 So.2d at 107-08 .

The court today not only holds that the arbitration clause is enforceable, but requires a policy holder to front half of the costs of the appraisal of a claim that the carrier may ultimately deny. One wonders what value a *942 policy holder has received for his premium dollar.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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