STATE FARM FIRE & CAS. CO. v. MIDDLETON

No. 94-711.

648 So.2d 1200 (1995)

STATE FARM FIRE & CASUALTY COMPANY and Richard Nerndt, Appellants, v. James MIDDLETON and Anita Middleton, Appellees.

District Court of Appeal of Florida, Third District.

January 4, 1995.


Attorney(s) appearing for the Case

Adorno & Zeder and Raoul G. Cantero, III and William S. Berk, for appellants.

Carlson & Bales and Richard M. Bales, Jr., and Julie A. Moxley; John E. Tober, for appellees.

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


SCHWARTZ, Chief Judge.

The case presents a new wrinkle, which has been difficult to iron out, in the issues created by the effect of Hurricane Andrew on appraisal-of-loss clauses in homeowners' insurance policies. For the reasons which follow, we have concluded that the parties are bound by the appraisal clause to submit the amount of the loss to arbitration, even though it is established as a practical matter that the loss exceeds the face value of the policy.

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