CENTRAL METAL FABRICATORS, A DIVISION OF CENTRAL AIR CONDITIONING AND SHEET METAL, INC., APPELLANT,
v.
THE TRAVELERS INDEMNITY COMPANY OF AMERICA, APPELLEE
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PER CURIAM.
Appellant, Central Metal Fabricators (“C.M.F”), appeals an adverse final summary judgment entered in favor of their insurer, appellee, Travelers Indemnity Company of America. Summary judgment was granted solely on the basis that C.M.F. did not fulfill a condition precedent to filing suit under the policy by submitting to an examination under oath. However, as C.M.F. repeatedly complied with all prior examination requests and only prematurely filed suit, we vacate the summary judgment and instruct the trial court to stay or abate the claim, pending compliance with the required examination under oath. See Holding Electric, Inc. v. Roberts, 530 So. 2d 301 (Fla.1988); Goldman v. State Farm Fire Gen. Ins. Co., 660 So. 2d 300 (Fla. 4th DCA 1995), review denied, 670 So. 2d 938 (Fla.1996); Angrand v. Fox, 552 So. 2d 1113 (Fla. 3d DCA 1989), review denied, 563 So. 2d 632 (Fla.1990).
Vacated and remanded with instructions.
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Jyurovat v. Universal Prop. & Cas. Ins. Co., 84 So. 3d 1238 (Fla. 2d DCA 2012)…gard of the policy preconditions, courts have either stayed the action or dismissed the suit without prejudice in order to allow belated compliance.” Mt. Hawley, 752 F. Supp. 2d at 1287 (citing Cent. Metal Fabricators v. Travelers Indem. Co. of Am., 703 So. 2d 1251, 1251 (Fla. 3d DCA 1998); Southgate Gardens Condo. Ass’n v. Aspen Specialty Ins. Co., 622 F. Supp. 2d 1332, 1337 (S.D.Fla.2008)). [*1242] Mr. Jyurovat cooperated in the appraisal process from May 2008 until December 2008. He did not end the appraisa…
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…627, 628 (Fla. 4th DCA 1994) (“The proper remedy for premature litigation is an abatement or stay of the claim for the period necessary for its maturation under the law." (quotation omitted)); Cent. Metal Fabricators v. Travelers Indem. Co. of Am., 703 So. 2d 1251, 1251 (Fla. 3d DCA 1998) (vacating summary judgment and instructing the trial court to stay pending compliance with requested EUO); see also Wright v. Life Ins. Co. of Ga., 762 So. 2d 992, 993 (Fla. 4th DCA 2000) (noting that a stay is generally the…
Authorities Cited
- Goldman v. State Farm Fire Gen. Ins. Co., 660 So. 2d 300 (Fla. 4th DCA 1995)
- Evans v. State, 660 So. 2d 300 (Fla. 5th DCA 1995)
- Angrand v. Morry FOX, D.O., 552 So. 2d 1113 (Fla. 3d DCA 1989)
- Holding Elec., Inc. v. Roberts, 530 So. 2d 301 (Fla. 1988)