United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
C. IRICK UNITED STATES MAGISTRATE JUDGE.
cause comes before the Court for consideration without oral
argument on the following motion:
DEFENDANT'S RENEWED MOTION TO COMPEL APPRAISAL, STAY
LITIGATION PENDING COMPLETION OF APPRAISAL, AND DELINEATE AND
ITEMIZE APPRAISAL AWARD (Doc. 31)
April 3, 2019
it is RECOMMENDED that the motion be
removed action involves a claim by an insured (Plaintiff)
against her insurer (Defendant) to recover damages under a
policy for insurance related to storm damage to
Plaintiff's property. Doc. 1-1. Now before the Court is
Defendant's Renewed Motion to Compel Appraisal, Stay
Litigation Pending Completion of Appraisal, and Delineate and
Itemize Appraisal Award. Doc. 31 (the Motion). It appears
that the Motion is unopposed. See Docs. 31;
Florida, appraisal provisions contained within insurance
policies are generally treated the same as arbitration
provisions.” Wright Way Emergency Water Removal,
LLC v. Mt. Hawley Ins. Co., No. 8:16-cv-1163-T-17MAP,
2016 WL 9526569, at *2 (M.D. Fla. July 29, 2016). So
“motions to compel appraisal should be granted whenever
the parties have agreed to the provision.” Id.
(citing Preferred Mut. Ins. Co. v. Martinez, 643
So.2d 1101, 1102 (Fla. 3d DCA 1994)); see J.P.F.D. Inv.
Corp. v. United Specialty Ins. Co., No.
6:17-cv-1415-ORL-40GJK, 2017 WL 4685254, at *2 (M.D. Fla.
Sept. 29, 2017), report and recommendation adopted,
No. 6:17-cv-1415-Orl-40GJK, 2017 WL 4657721 (M.D. Fla. Oct.
17, 2017) (“Whether the parties can be compelled to
appraisal depends on the provisions of the policy.”).
And the “enforcement of appraisal provisions [is]
preferred over lawsuits ‘as they provide a mechanism
for prompt resolution of claims and discourage the filing of
needless lawsuits.'” Id. (quoting
First Protective Ins. Co. v. Hess, 81 So.3d 482, 485
(Fla. 1st DCA 2011)). Further, when appraisal does proceed,
courts have found that a detailed, line-item appraisal
streamlines and allows the court to more easily assess
coverage disputes. See 139 W Marion Ave., LLC v.
Scottsdale, No. 2:18-cv-00278-JES-MRM, Doc. 25 at 7-8
(M.D. Fla. Aug. 16, 2018) (citing Bonafonte v. Lexington
Ins. Co., No. 08-cv-21062-CIV, 2008 WL 2705437, *2 (S.D.
Fla. July 9, 2008); Fla. Ins. Guar. Ass'n, Inc. v.
Olympus Ass'n, Inc., 34 So.3d 791, 796 n. 1 (Fla.
4th DCA 2010) (approving the use of a line-item appraisal
form, which allows the court to “readily identify any
coverage issues that arise during the course of the appraisal
and resolve these without having to try and decipher what
value the appraiser assigned for a particular type of
the policy of insurance includes an appraisal provision, and
the parties have agreed to take part in the appraisal
process. Thus, upon due consideration, the undersigned finds
that this matter should be stayed pending a detailed,
it is respectfully RECOMMENDED that:
1. The Motion (Doc. 31) be GRANTED;
2. The parties be ordered to obtain expeditiously an
appraisal in the manner prescribed by the appraisal provision
of the policy;
3. This action be stayed pending completion of the appraisal
4. The parties be ordered to file a joint status report every
90 days advising the Court of the status of the appraisal
5. The parties be ordered upon completion of the appraisal
process to file an appropriate ...