AMERICAN COASTAL INSURANCE COMPANY
v.
LA RIVE GAUCHE CONDOMINIUM ASSOCIATION, INC.
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Trial courts have discretion to determine the order in which damages and coverage issues are resolved through arbitration and litigation, and may order appraisal to proceed before coverage disputes are adjudicated.
[1] Trial courts possess discretion to determine the order in which damages and coverage issues are resolved through arbitration and judicial proceedings, and may order appra…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“All in all, we believe that the issue of the order in which the issues of damages and coverage are to be determined respectively by arbitration and the court should be left within the discretion of the trial judge.”
Paradise Plaza Condo. Ass'n Inc. v. Reinsurance Corp. of New York, 685 So. 2d 937, 941 (Fla. 3d DCA 1996)
American Coastal Insurance Company appealed a non-final order from the Circuit Court for Miami-Dade County regarding the sequencing of damages and cov…
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PER CURIAM.
Affirmed. Paradise Plaza Condo. Ass’n Inc. v. Reinsurance Corp. of New York, 685 So. 2d 937, 941 (Fla. 3d DCA 1996) (“All in all, we believe that the issue of the order in which the issues of damages and coverage are to be determined respectively by arbitration and the court should be left within the discretion of the trial judge…. In exercising that discretion, the trial court may consider all of the elements to which we have referred, including the costs involved and the relative importance and viability of the damages and the coverage issues, respectively. In this instance, we find no abuse of discretion in the order for appraisal to proceed first.”); see also Sunshine State Ins. Co. v. Rawlins, 34 So. 3d 753, 754-55 (Fla. 3d DCA 2010) (affirming Paradise Plaza’s holding that “it is the law in our district that the order in which the issues of damages and coverage are to be determined by arbitration and the court is left to the discretion of the trial court”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sunshine State Ins. Co. v. Rawlins, 34 So. 3d 753 (Fla. 3d DCA 2010)
- N. Shore Hosp. & Totura & Co. v. Joseph, 685 So. 2d 937 (Fla. 3d DCA 1996)