25 Fla. L. Weekly Supp. 291b

Online Reference: FLWSUPP 2503BECKInsurance — Automobile — Windshield repair — Appraisal — Court reserves ruling on motion to dismiss and/or abate complaint pending discovery on whether insurer waived right to appraisal by utilizing interested appraiser

CLEAR VISION WINDSHIELD REPAIR LLC as Assignee of Harold Becker, Plaintiff, vs. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County, Civil Division. Case No. COWE-14-005929, Division 82. April 21, 2016. Alan R. Marks, Judge. Counsel: Emilio R. Stillo, Andrew B. Davis-Henrichs, Emilio Stillo P.A., Lawrence M. Kopelman, Lawrence M. Kopelman, P.A., for Plaintiff. Kyle Maxson, for Defendant.

ORDER ON DEFENDANT’S MOTION TO DISMISSAND/OR ABATE PLAINTIFF’S COMPLAINT

This cause came before the Court on February 1, 2016 for hearing on Defendant’s Motion to Dismiss and/or Abate Plaintiff’s Complaint; the Court, having heard argument from counsel hereby:

ORDERS AND ADJUDGES

1. The Court reserves ruling on Defendant’s Motion to Dismiss until such time as Plaintiff may conduct discovery on the limited issues of determining whether the Defendant waived its right to appraisal by utilizing an interested appraiser.