28 Fla. L. Weekly Supp. 234b
Online Reference: FLWSUPP 2803MCCOInsurance — Automobile — Windshield repair — Appraisal — Motion to compel appraisal of windshield repair is granted — Prohibitive cost doctrine is not applicable in breach of contract claim
SHAZAM AUTO GLASS LLC., a/a/o Charlotte McCormick, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY; PROGRESSIVE CASUALTY INSURANCE COMPANY; PROGRESSIVE DIRECT INSURANCE COMPANY; PROGRESSIVE EXPRESS INSUARNCE COMPANY; PROGRESSIVE SELECT INSURANCE COMPANY, Defendants. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 17-CC-053195, Division L. September 3, 2019. Cynthia S. Oster, Judge. Counsel: John Z. Lagrow, Malik Law, P.A., Maitland, for Plaintiff. Lisa M. Lewis, Cole, Scott & Kissane P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION TO COMPEL APPRAISAL AND STAY DISCOVERY
THIS CAUSE having come before the Court on Defendant’s Motion to Compel Appraisal and Stay Discovery and the court, having reviewed the file(s), pertinent case law and having heard the argument of counsel, and being otherwise fully advised in the premises, the Court finds as follows:
1. This Court has considered the three necessary factors when ruling on a Motion to Compel Appraisal: 1) whether a valid written agreement to appraisal exists; 2) whether an appraisable issue exists; and 3) whether the right to appraisal has been waived. Heller v. Blue Aerospace, LLC, 112 So.3d 635 (Fla. 4th DCA 2013) [38 Fla. L. Weekly D930a]. This Court finds that a valid written agreement to appraisal exists, an appraisable issue exists and that that right to appraisal has not been waived.
2. This Court further rejects Plaintiff’s argument that the subject appraisal provision is invalid as prohibitively costly pursuant to the Prohibitive Cost Doctrine. The Prohibitive Cost Doctrine is applicable where a party is seeking to vindicate a statutory right and not in breach of contract claims. See Green Tree Financial Corp.-Alabama v. Randolph, 531 U.S. 79 (2000), McKenzie Check Advance of Fla., LLC v. Betts, 122 So.3d 1176 (Fla. 2013) [38 Fla. L. Weekly S223a] and Citibank v. Desmond, 114 So.3d 401 (Fla. 4th DCA 2013) [38 Fla. L. Weekly D1175a].
IT IS THEREFORE ORDERED and ADJUDGED
1. That Defendant’s Motion to Compel Appraisal and Stay Discovery is hereby GRANTED. This matter is hereby stayed until the parties comply with the appraisal provision set forth in the subject policy.
2. Within 30 days from the date of this Order, the parties must provide each other with the name, address, e-mail address and phone number of their selected appraisers.
3. The appraisal process shall be completed within 90 days from the date of this Order.
