Harco Nat'l Ins. Co. v. Robles, 685 So. 2d 1288 (Fla. 1996). · Go Syfert
Harco Nat'l Ins. Co. v. Robles, 685 So. 2d 1288 (Fla. 1996). Cases Citing This Book View Copy Cite
9 citation events (5 in the last 25 years) across 4 distinct courts.
Strongest positive: Allan May v. Nygard Holdings Limited (ca11, 2006-10-12)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) Allan May v. Nygard Holdings Limited
11th Cir. · 2006 · confidence medium
HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So.2d 1288, 1239 (Fla.1996).
discussed Cited as authority (rule) Florida Select Ins. Co. v. Keelean (2×)
Fla. Dist. Ct. App. · 1999 · confidence medium
As the Licea court explained, the purpose of an appraisal clause is to determine the amount of a loss. 685 So.2d at 1288.
discussed Cited "see" APR ENERGY, LLC v. Pakistan Power Resources, LLC
M.D. Fla. · 2009 · signal: see · confidence high
See HTP, Ltd. v. Lineas Aereas Costarricenses, S.A, 685 So.2d 1288, 1239 (Fla.1996) (“The economic loss rule has not eliminated causes of action based upon torts independent of the contractual breach even though there exists a breach of contract action.
Retrieving the full opinion text from the archive…
HARCO NATIONAL INSURANCE COMPANY
v.
Francisco ROBLES
No. 86598.
Supreme Court of Florida.
Dec 26, 1996.
685 So. 2d 1288
1996 Fla. LEXIS 2206
1996 WL 734809
Shelley H. Leinicke of Wicker, Smith, Tu-fan, O’Hara, McCoy, Graham, <& Ford, P.A., Fort Lauderdale, for Petitioner., ■ Leo Bueno, Miami; Carlos Lidsky, Hialeah; and Diane H. Tutt, Plantation, for Respondent.
Anstead, Grimes, Harding, Overton, Shaw, Wells.
Cited by 5 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: N.D. Florida (1)
HARDING, Justice.

We have for review Robles v. Harco National Insurance Co., 669 So.2d 1049 (Fla. 3d DCA 1995), which expressly and directly conflicts with our decision in State Farm Fire & Casualty Co. v. Licea, 685 So.2d 1285 (Fla.1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Robles’ dump truck was stolen and he filed a claim with Harco, his insurer. After the parties submitted to an appraisal, as provided for in the policy, Robles refused the amount agreed upon under the appraisal process and filed suit. The trial court granted Harco’s motion for summary judgment. The Third District Court of Appeal reversed, holding that under its decision in American Reliance Ins. Co. v. Village Homes at Country Walk, 632 So.2d 106 (Fla. 3d DCA), review denied, 640 So.2d 1106 (Fla.1994), the appraisal clause was void for lack of mutuality of obligation because Harco reserved the right to deny the claim even if it submitted to an appraisal.

We considered this exact issue in Licea. There we held that appraisal clauses are not void for lack of mutuality of obligation simply because of retained rights clauses, where we interpret such clauses as retaining only the right to dispute the issues of coverage as to the whole loss, or whether the policy conditions have been violated in certain ways. See Licea, 685 So.2d at 1288.

We therefore quash the decision of the district court below and remand for proceedings consistent with Licea.

It is so ordered.

OVERTON, SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur.