26 Fla. L. Weekly Supp. 436b

Online Reference: FLWSUPP 2605PEREInsurance — Automobile — Windshield replacement or repair — Appraisal

CLEAR VISION WINDSHIELD REPAIR, LLC, (a/a/o Perez, Alberto), Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE 15-017105. April 25, 2018. Mardi Levey Cohen, Judge. Counsel: Joseph Dawson and Lawrence Kopelman, for Plaintiff. Neil V. Singh and Jessica L. Pfeffer, for Defendant.

ORDERDEFENDANT’S MOTION TO DISMISS, ORALTERNATIVELY, MOTION TO STAYAND MOTION TO ENFORCE APPRAISAL

This matter having been presented before this Court, and having heard argument in court on April 10, 2018, having reviewed the file, pertinent caselaw, considered all applicable rules, and being otherwise fully advised in the premises, the Court rules as follows:

After further consideration of the facts, policy, law and caselaw the Court reverses the oral pronouncement made in court which denied Defendant’s motion.

This Court is bound to the decision of the 17th Judicial Circuit in the Broward Recovery Center LLC cases decided July 31, 2017, wherein the circuit court ruled that the policy as written required appraisal and was to be enforced. Accordingly, the parties were bound to appraisal upon disagreement of the costs.

Further, this Court finds no merit in the other arguments espoused by the Plaintiff at the hearing, that is, the “defacto” deductible issue and the condition precedent issue.

ORDERED AND ADJUDGED that said Motion be, and the same is hereby GRANTED. This case is stayed and abated until the parties comply with the appraisal process set forth in the policy. The appraisal process shall occur within 45 days of this Order.