Allstate Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998). · Go Syfert
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Allstate Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998). Cases Citing This Book View Copy Cite
22 citation events (7 in the last 25 years) across 2 distinct courts.
Strongest positive: US Fidelity & Guar. Co. v. Romay (fladistctapp, 1999-08-25)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited as authority (rule) US Fidelity & Guar. Co. v. Romay
Fla. Dist. Ct. App. · 1999 · confidence medium
Oct. 20, 1998) (ruling contrary to Ferrer, 10 F.Supp.2d at 1324 so as to remain consistent with Sierra, 705 So.2d at 119); Sanchez v. Harbor Specialty Ins.
Retrieving the full opinion text from the archive…
ALLSTATE INSURANCE COMPANY, Appellant,
v.
Carlos SIERRA and Lilia Sierra, Appellees.
97-2973.
District Court of Appeal of Florida, Third District.
Jan 21, 1998.
705 So. 2d 119
1998 WL 17395
Schwartz, C.J., and Goderich and Sorondo.
Cited by 14 opinions  |  Published

Powers, McNalis, Moody & Groelle and Brian C. Powers, Lake Worth, and Christopher DeLorenzo, Boca Raton, for appellant.

Ress, Mintz & Truppman and Keith A. Truppman, North Miami, for appellees.

Before SCHWARTZ, C.J., and GODERICH and SORONDO, JJ.

SCHWARTZ, Chief Judge.

Under the applicable homeowners' policy, the parties were, as a matter of law, required to go to appraisal-arbitration to determine the amount of the insured losses caused by Hurricane Andrew. See State Farm Fire & Cas. Co. v. Licea, 685 So.2d 1285 (Fla.1996); Paradise Plaza Condominium Ass'n, Inc. v. Reinsurance Corp. of New York, 685 So.2d 937 (Fla. 3d DCA 1996). Because there was no dispute either as to the "making of the agreement to arbitrate," that is, the insurance policy, or that the carrier, by its very resistance to the insureds' application for appraisal, had not complied with that agreement, see Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Melamed, 425 So.2d 127, 129 (Fla. 4th DCA 1982), pet. for review denied, 433 So.2d 519 (Fla.1983), the trial court acted correctly by summarily ordering appraisal without formal hearing. See Proper v. Don Conolly Constr. Co., Inc., 546 So.2d 758, 759 (Fla. 2d DCA 1989); Melamed, 425 So.2d at 127.

Affirmed.