United States District Court, M.D. Florida, Orlando Division
R. Hoffman United States Magistrate Judge.
cause came on for consideration without oral argument on the
following motion filed herein:
MOTION:DEFENDANT PHILADELPHIA INDEMNITY INSURANCE
COMPANY'S AMENDED OPPOSED MOTION TO COMPEL APPRAISAL AND
TO STAY LITIGATION AND DISCOVERY PENDING COMPLETION OF
APPRAISAL (Doc. No. 16)
FILED:July 31, 2019
THEREON it is RECOMMENDED that the motion be GRANTED.
Citrus Contracting LLC, as assignee of Pat Knight (“the
insured”), initiated this lawsuit against Defendant
Philadelphia Indemnity Insurance Company in state court. Doc.
No. 1-1. Defendant thereafter removed the case to this Court
on the basis of diversity jurisdiction. Doc. No. 1. In the
complaint, Plaintiff alleges that the insured purchased an
insurance policy from Defendant, covering property located at
1776 Minnesota Avenue, in Winter Park, Florida. Doc. No. 1-1
¶ 6. Plaintiff alleges that on July 4, 2017, the
insured's property sustained damage. Id. ¶
8. The insured contacted Plaintiff to provide the necessary
repair services, in exchange for which the insured agreed to
assign his rights under the policy to Plaintiff. Id.
¶ 9. Plaintiff submitted reasonable bills and estimates
to Defendant for Plaintiff's services, but Defendant
either underpaid or failed to pay the full the value for
Plaintiff's services. Id. ¶ 10. Therefore,
Plaintiff sued Defendant for breach of contract. Id.
31, 2019, Defendant filed an Amended Opposed Motion to Compel
Appraisal and to Stay Litigation and Discovery Pending
Completion of Appraisal. Doc. No. 16. Defendant states that
the insurance policy provides as follows:
E. Loss Conditions
The following conditions apply in addition to the Common
Policy Conditions and the Commercial Property Conditions.
If we and you disagree on the value of the property or the
amount of “loss”, either may make written demand
for an appraisal of the “loss”. In this event,
each party will select a competent and impartial appraiser.
The two appraisers will select an umpire. If they cannot
agree, either may request that selection be made by a judge
of a court having jurisdiction. The appraisers will state
separately the value of the property and the amount of
“loss”. If they fail to ...