28 Fla. L. Weekly D1321b

Insurance — Appraisal — Judgment against insurer affirmed where insurer had notice of the loss and the amount of the loss was properly submitted to the appraisal panel

LIBERTY MUTUAL FIRE INSURANCE COMPANY, Appellant, v. BUENAVENTURA LAKES SHOPPING CENTER, INC., etc., Appellee. 3rd District. Case No. 3D02-3012. L.T. Case No. 00-15469. Opinion filed June 4, 2003. An Appeal from the Circuit Court for Miami-Dade County, Ellen L. Leesfield, Judge. Counsel: Butler Pappas Weihmuller Katz Craig and Scott J. Frank, for appellant. Gilbride, Heller & Brown, Lawrence R. Heller and Rosana E. Hernandez, for appellee.

(Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ.)

(PER CURIAM.) The defendant, Liberty Mutual Fire Insurance Company [Liberty Mutual], appeals from an adverse final judgment. A review of the record shows that Liberty Mutual had notice of the loss, that there was a disagreement about the amount of the loss, and that therefore the amount of the loss was properly submitted to the appraisal panel. U.S. Fid. & Guar. Co. v. Romay, 744 So. 2d 467 (Fla. 3d DCA 1999). Further, we find that Liberty Mutual’s assertion that an exclusion precludes coverage for the loss is without merit.

Accordingly, we affirm.