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Citrus Contracting LLC v. Philadelphia Indemnity Insurance Co.

United States District Court, M.D. Florida, Orlando Division

September 30, 2019

CITRUS CONTRACTING LLC, Plaintiff,
v.
PHILADELPHIA INDEMNITY INSURANCE COMPANY, Defendant.

          ORDER

          Leslie R. Hoffman United States Magistrate Judge.

         Report and Recommendation

         This 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.

         I. BACKGROUND.

         Plaintiff 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. at 3-4.

         On July 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.
2. Appraisal
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 ...

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