21 Fla. L. Weekly Supp. 571a
Online Reference: FLWSUPP 2106MORAInsurance — Property — Appraisal — Insurer’s motion to abate litigation and compel appraisal is denied as to invoiced items that were entirely omitted from comparative estimate and is granted as to invoiced items for which comparative estimate assigned price different from price charged by plaintiff
UNITED RECONSTRUCTION GROUP, INC., a/a/o Avilio Morales, Plaintiff, vs. FLORIDA FAMILY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Osceola County. Case No. 2013-SC-398 SP. Carl Enger Draper, Judge. Feburary 15, 2014.
ORDER GRANTING IN PART, AND DENYING IN PART, DEFENDANT’S MOTION TO COMPEL APPRAISAL AND ABATE LITIGATION
THIS CAUSE came before the Court for consideration on the DEFENDANT’S MOTION TO COMPEL APPRAISAL AND ABATE LITIGATION on January 15, 2014. After reviewing the Motion, hearing the arguments of counsel, and being otherwise fully advised in the premises, the Court finds that there are both appraisable and non-appraisable items at issue.
To the extent that there were specific line items on the Plaintiff’s Invoice which were omitted in their entirety from the comparative estimate provided by the Defendant, the Court finds there is a question of coverage as to those specific line items, which are:
a. Line item 5, “Administrative Fee”;
b. Line item 6, “Moisture Inspection”;
c. Line item 14, “Supplies and Materials”;
d. Line item 16, “Dehumidifier (per day) Large No monitoring 1 DH x 4 days”;
e. Line item 19, “Air Mover (per day) — No monitoring 1 AM x 3 days”; and
f. Overhead and Profit, found on page 3 of the Plaintiff’s Invoice.
Further, as the Court finds that the coverage for these specific items is a question to be decided by the finder of fact, the Defendant’s Motion is denied relative to such specific portions of the Plaintiffs Invoice.
As to the other portions of the Plaintiffs Invoice, wherein the Defendant’s comparative estimate assigned a price which is different than the price charged by the Plaintiff, the Defendant’s Motion is granted.
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