28 Fla. L. Weekly Supp. 528a

Online Reference: FLWSUPP 2806WATSInsurance — Automobile — Windshield repair — Motion to compel appraisal granted

PREMIER PROMOTIONS USA INC., d/b/a PREMIER 1 AUTO GLASS, a/a/o Brittany Watson, Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2019-SC-029569-O, Division 74. August 20, 2020. Gisela T. Laurent, Judge. Counsel: John Z. Lagrow and William Terry, Malik Law, P.A., Maitland, for Plaintiff. Lisa M. Lewis and Michael Orta, Cole, Scott & Kissane, P.A., Tampa, for Defendant.

ORDER ON DEFENDANT’S MOTIONTO DISMISS, OR ALTERNATIVELY,MOTION TO STAY AND COMPEL APPRAISAL

THIS CAUSE having come before the Court on Defendant’s Motion to Dismiss, or Alternatively Motion to Stay And Compel Appraisal and the Court having heard argument of counsel on July 23, 2020, and being otherwise advised in the Premises, it is

ORDERED AND ADJUDGED that:

1. The Defendant’s Motion to Dismiss is DENIED.

2. The Court did not find sufficient evidence at this hearing to show Defendant’s Waiver or to grant an Evidentiary Hearing on the Prohibitive Cost Doctrine, as Plaintiff requested. Therefore, the motion is hereby DENIED.

3. Defendant’s Motion to Compel Appraisal is hereby GRANTED. This matter is stayed pending completion of the appraisal process.

a. The parties are to exchange the name and contact information as to their respective selected appraiser within 15 days of the entry of this Order.

b. The parties are to complete coordination the appraisal within 30 days of the entry of this Order.

c. The parties are to complete the appraisal process within 60 days of the entry of this Order, pursuant to the terms of the policy.

4. Defendant agrees to name an alternative appraiser and not utilize Linda Rollinson and Plaintiff agrees to name an alternate appraiser should Progressive object to their selected appraiser.