CITIZENS PROPERTY INS. CORP. v. GUTIERREZ

No. 3D10-2134.

59 So.3d 177 (2011)

CITIZENS PROPERTY INSURANCE CORPORATION, Appellant, v. Cecilio GUTIERREZ and Noemi Gutierrez, Appellees.

District Court of Appeal of Florida, Third District.

March 2, 2011.


Attorney(s) appearing for the Case

Hinshaw & Culbertson and Maureen G. Pearcy and Paul R. Wallace , Miami, for appellant.

Alvarez, Carbonell, Feltman, Jimenez & Gomez and Paul B. Feltman , for appellees.

Before GERSTEN, SUAREZ, and LAGOA, JJ.


LAGOA, J.

Citizens Property Insurance Corporation appeals from an order granting the insureds' motion to compel appraisal of a claim under a commercial property insurance policy. For the following reasons, we reverse the order.

On appeal, Citizens contends that the trial court erred in prematurely ordering the appraisal when the record establishes that a factual dispute exists as to whether the insureds complied with the policy's post-loss provisions. We agree...

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