THE HARTFORD INSURANCE COMPANY, APPELLANT,
v.
MILDRED GRANOWSKI AND LEONARD GRANOWSKI, APPELLEES

Fla. 4th DCA | 1988-08-31
No. 88-0420
DOWNEY, ANSTEAD and WALDEN, JJ., concur.
530 So. 2d 448 Florida District Court of Appeal, Fourth District (1988)

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse and remand with directions that this case be reinstated in the trial court. Because both parties seek to waive any rights they have under the arbitration provisions of their insurance contract we need not resolve the issue as to the binding effect of the arbitration provisions which have been upheld by the second district in Arnica Mutual Insur. Co. v. Roe, 515 So. 2d 1370 (Fla. 2d DCA 1987), and disapproved by the third district in Berger v. Fireman’s Fund Insur. Co., 515 So. 2d 997 (Fla. 3d DCA), rev. dismissed, 519 So. 2d 987 (Fla.1987).

DOWNEY, ANSTEAD and WALDEN, JJ., concur.


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