Certain Underwriters at Lloyd's, London, etc. v. Gables Court Condominium Association, Inc.

Summary

The Florida Third District Court of Appeal reversed an order compelling appraisal in an insurance dispute between Certain Underwriters at Lloyd’s, London and Gables Court Condominium Association, Inc. The court held that the trial court was required to conduct an evidentiary hearing to determine whether Gables Court had satisfied its post-loss obligations before compelling appraisal. The court affirmed the determination that Gables Court had not waived its right to appraisal.

Holdings

1. When an insurer reasonably disputes whether an insured complied with the policy's post-loss obligations, the trial court must conduct an evidentiary hearing and determine compliance before compelling appraisal.
2. Gables Court did not waive its right to appraisal because it consistently sought appraisal and did not act inconsistently with that right.

Questions Presented

1. Whether the trial court could compel appraisal without first conducting an evidentiary hearing to determine whether the insured complied with its post-loss obligations.
2. Whether Gables Court waived its contractual right to appraisal by engaging in litigation conduct inconsistent with that right.

Disposition

reversed_and_remanded