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Filing # 143024360 E-Filed 02/01/2022 09:39:22 AM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION DIV: “AF”
CASE NO.: 2021CA007514AXX
HIGH POINT WEST
CONDOMINIUM NO. 2 INC.,
Plaintiff,
vs.
CERTAIN UNDERWRITERS AT LLOYD’S,
LONDON (Subscribing to Policy Numbers
AOP-200083, AQS-200273, MDM-200273,
RNR-200273), HDI GLOBAL SPECIALTY SE,
VT COATT IN INCTID ANCE COAMDANY TI TT
AW UALUIN INSURANUD CUNLANT UA LiL,
GENERAL SECURITY INDEMNITY COMPANY
OF ARIZONA, CRUM & FORSTER SPECIALTY
INSURANCE COMPANY, WESTERN WORLD
INSURANCE COMPANY, SAFETY SPECIALTY
INSURANCE COMPANY, and THE PRINCETON
EXCESS AND SURPLUS LINES INSURANCE
COMPANY,
Defendants.
/
ORDER ON PLAINTIFF’S MOTION TO COMPEL APPRAISAL
AND STAY LITIGATION
THIS MATTER came before the Court on January 20, 2022 upon Plaintiffs Motion to
Compel Appraisal and Stay Litigation, filed November 1, 2021, and the Court, having reviewed
the Motion, the Defendants’ Response in Opposition, having reviewed the court file and record,
having heard argument of counsel, having become familiar with the applicable case law, and after
being otherwise duly advised in the premises, finds as follows:
In compelling appraisal, the Court notes that appraisal provisions are fully enforceable in
Florida, and that Florida public policy favors the enforcement of appraisal provisions. Appraisal
Clauses PIOVIdS a Mecualisi Tor Prompt Tesowilion Of Claims. Puruier, as a geiieral Mattel,
appraisals allow skilled professionals determine the amount of the loss, which includes calculating
CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FL EDIZ N9IN4AINNDD NO.20.99 ANA
Hn. PAL DLA VUUINE TT, FL, JUOL IE mDnNueey, ULLIAN, verueuee Ug.u9.22 mithe cost of repair or replacement of property damaged and ascertaining how much of the damage
was caused by a covered peril as opposed to excluded causes of loss.
The Court finds that the cases of Merrick Pres. Condo. Ass’n, Inc. v. Cypress Prop. & Cas.
Ins. Co., 315 So. 3d 45 (Fla. 4th DCA 2021) and Johnson y. Nationwide Mut. Ins. Co., 828 So. 2d
1021 (Fla. 2002), and other case law cited by Plaintiff to be binding and on point as to the relief
sought in Plaintiff's Motion. In that regard, the Court finds that Defendants acknowledged that a
covered loss occurred on or about May 22, 2020 (the “Loss”) and that the Loss caused damage to
a number of High Point’s insured properties. At no point did Defendants “wholly deny coverage”
as to the Loss underlying the instant matter, and that Defendants merely dispute the amount and/or
extent of High Point’s Loss and whether some of the claimed damage resulted from a covered
cause under the Policy.
The Court finds that only when an insurer wholly denies coverage for a claim and the
insured maintains the claim ts covered that coverage issues must be resoived by the Court before
an appraisal of the amount of loss is ordered. As Defendants did not “wholly deny coverage,”
causation is an amount-of-loss question for the appraisal panel. See Merrick Pres. 315 So. 3d at
49 citing to Johnson, 828 So. 2d at 1022; see also People’s Trust Ins. Co. v. Tracey, 251 So. 3d
931, 933 (Fla. 4th DCA 2018) (“when an insurer admits coverage and disputes the amount of loss,
causation is to be determined by the appraisal panel); Kendall Lakes Townhomes Developers, Inc.
v. Agric. Excess & Surplus Lines Ins. Co., 916 So. 2d 12, 14-16 (Fla. 3d DCA 2005) (where insurer
CONCHUGES that Gily part Of the daiiages Were caused UY a COVETEd LOSS, Bilt did iit Geily Coverage,
appraisal was appropriate as to the amount of loss because the insurer did not wholly deny
coverage).
The Court also notes that the Policy at issue in this matter is an aggregate policy, and that
it does not provide for the payment of separate premiums depending upon the building insured byDefendants nor does the policy have separate Declarations pages for each building.
WHEREFORE, it is hereby
ORDERED and ADJUDGED that Plaintiff's Motion to Compel Appraisal and Stay
Litigation is GRANTED. The scope of the appraisal shall include a determination as to the
amount of loss (including causation) for all buildings and structures insured by Defendants under
the insurance contract with Defendants bearing policy numbers AOP-200083, AQS-200273,
MDM-200273, RNR200273, HAQS-200273, AXA-200273, TR00093912000273, SRC-101773,
SCO0001256, AMS-200273, and 3VA3PP0000184-02 (the “Policy”). It is further
ORDERED and ADJUDGED that the appraisal shall occur within one-hundred and
twenty (120) days of the Court’s execution of this Order. It is further
ORDERED and ADJUDGED that the parties shall name their competent and impartial
appraiser within sixty (60) days of the Court’s execution of this Order. It is further
further Order of the Court. It is further
ORDERED and ADJUDGED that the Court reserves jurisdiction to address Plaintiffs
entitlement to attorneys’ fees and costs, to address any determination as to the amount of Plaintiff's
attorneys’ fees and costs; to enforce the terms and conditions of this Court Order; to assist the
parties in picking an umpire, if necessary; and to address any other matter as necessary.
DONE and ORDERED in Chambers, at West Palm Beach, Palm Beach County, Florida,
ekg Act day of Tauay 2099 I oO KN ao
UllS 3151 Gay G1 vaiuary, zvz2. e2oarcadgraranoriulas iaayesae 7 /
w John SKaglroriates Ceutt Judge;
502021CA07514XXXXMB_ 01/31/2022
John S: Kastrenakes
Circuit Judge
JOHN S. KASTRENAKES
Cirenit TodasCopies Provided To:
Justin L. Warren, Esq., Melissa V. Jordan, Esq., and all counsel of record, via transmission of
Notice of Electronic Filing generated by eservice@myfloridacourtaccess.com
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Filing # 143024360 E-Filed 02/01/2022 09:39:22 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION DIV: “AF” CASE NO.: 2021CA007514AXX HIGH POINT WEST CONDOMINIUM NO. 2 INC., Plaintiff, vs. CERTAIN UNDERWRITERS AT LLOYD’S, LONDON (Subscribing to Policy Numbers AOP-200083, AQS-200273, MDM-200273, RNR-200273), HDI GLOBAL SPECIALTY SE, VT COATT IN INCTID ANCE COAMDANY TI TT AW UALUIN INSURANUD CUNLANT UA LiL, GENERAL SECURITY INDEMNITY COMPANY OF ARIZONA, CRUM & FORSTER SPECIALTY INSURANCE COMPANY, WESTERN WORLD INSURANCE COMPANY, SAFETY SPECIALTY INSURANCE COMPANY, and THE PRINCETON EXCESS AND SURPLUS LINES INSURANCE COMPANY, Defendants. / ORDER ON PLAINTIFF’S MOTION TO COMPEL APPRAISAL AND STAY LITIGATION THIS MATTER came before the Court on January 20, 2022 upon Plaintiffs Motion to Compel Appraisal and Stay Litigation, filed November 1, 2021, and the Court, having reviewed the Motion, the Defendants’ Response in Opposition, having reviewed the court file and record, having heard argument of counsel, having become familiar with the applicable case law, and after being otherwise duly advised in the premises, finds as follows: In compelling appraisal, the Court notes that appraisal provisions are fully enforceable in Florida, and that Florida public policy favors the enforcement of appraisal provisions. Appraisal Clauses PIOVIdS a Mecualisi Tor Prompt Tesowilion Of Claims. Puruier, as a geiieral Mattel, appraisals allow skilled professionals determine the amount of the loss, which includes calculating CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FL EDIZ N9IN4AINNDD NO.20.99 ANA Hn. PAL DLA VUUINE TT, FL, JUOL IE mDnNueey, ULLIAN, verueuee Ug.u9.22 mithe cost of repair or replacement of property damaged and ascertaining how much of the damage was caused by a covered peril as opposed to excluded causes of loss. The Court finds that the cases of Merrick Pres. Condo. Ass’n, Inc. v. Cypress Prop. & Cas. Ins. Co., 315 So. 3d 45 (Fla. 4th DCA 2021) and Johnson y. Nationwide Mut. Ins. Co., 828 So. 2d 1021 (Fla. 2002), and other case law cited by Plaintiff to be binding and on point as to the relief sought in Plaintiff's Motion. In that regard, the Court finds that Defendants acknowledged that a covered loss occurred on or about May 22, 2020 (the “Loss”) and that the Loss caused damage to a number of High Point’s insured properties. At no point did Defendants “wholly deny coverage” as to the Loss underlying the instant matter, and that Defendants merely dispute the amount and/or extent of High Point’s Loss and whether some of the claimed damage resulted from a covered cause under the Policy. The Court finds that only when an insurer wholly denies coverage for a claim and the insured maintains the claim ts covered that coverage issues must be resoived by the Court before an appraisal of the amount of loss is ordered. As Defendants did not “wholly deny coverage,” causation is an amount-of-loss question for the appraisal panel. See Merrick Pres. 315 So. 3d at 49 citing to Johnson, 828 So. 2d at 1022; see also People’s Trust Ins. Co. v. Tracey, 251 So. 3d 931, 933 (Fla. 4th DCA 2018) (“when an insurer admits coverage and disputes the amount of loss, causation is to be determined by the appraisal panel); Kendall Lakes Townhomes Developers, Inc. v. Agric. Excess & Surplus Lines Ins. Co., 916 So. 2d 12, 14-16 (Fla. 3d DCA 2005) (where insurer CONCHUGES that Gily part Of the daiiages Were caused UY a COVETEd LOSS, Bilt did iit Geily Coverage, appraisal was appropriate as to the amount of loss because the insurer did not wholly deny coverage). The Court also notes that the Policy at issue in this matter is an aggregate policy, and that it does not provide for the payment of separate premiums depending upon the building insured byDefendants nor does the policy have separate Declarations pages for each building. WHEREFORE, it is hereby ORDERED and ADJUDGED that Plaintiff's Motion to Compel Appraisal and Stay Litigation is GRANTED. The scope of the appraisal shall include a determination as to the amount of loss (including causation) for all buildings and structures insured by Defendants under the insurance contract with Defendants bearing policy numbers AOP-200083, AQS-200273, MDM-200273, RNR200273, HAQS-200273, AXA-200273, TR00093912000273, SRC-101773, SCO0001256, AMS-200273, and 3VA3PP0000184-02 (the “Policy”). It is further ORDERED and ADJUDGED that the appraisal shall occur within one-hundred and twenty (120) days of the Court’s execution of this Order. It is further ORDERED and ADJUDGED that the parties shall name their competent and impartial appraiser within sixty (60) days of the Court’s execution of this Order. It is further further Order of the Court. It is further ORDERED and ADJUDGED that the Court reserves jurisdiction to address Plaintiffs entitlement to attorneys’ fees and costs, to address any determination as to the amount of Plaintiff's attorneys’ fees and costs; to enforce the terms and conditions of this Court Order; to assist the parties in picking an umpire, if necessary; and to address any other matter as necessary. DONE and ORDERED in Chambers, at West Palm Beach, Palm Beach County, Florida, ekg Act day of Tauay 2099 I oO KN ao UllS 3151 Gay G1 vaiuary, zvz2. e2oarcadgraranoriulas iaayesae 7 / w John SKaglroriates Ceutt Judge; 502021CA07514XXXXMB_ 01/31/2022 John S: Kastrenakes Circuit Judge JOHN S. KASTRENAKES Cirenit TodasCopies Provided To: Justin L. Warren, Esq., Melissa V. Jordan, Esq., and all counsel of record, via transmission of Notice of Electronic Filing generated by eservice@myfloridacourtaccess.com