ATENCIO v. U.S. SEC. INS. CO.

No. 95-3059.

676 So.2d 489 (1996)

Juana ATENCIO, Appellant, v. U.S. SECURITY INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

June 26, 1996.


Attorney(s) appearing for the Case

Alvarez & Alvarez-Zane and Amado Alan Alvarez, Miami, for appellant.

Kubicki Draper and David B. Pakula; Mike Nuzzo, Miami, for appellee.

Fowler, White, Burnett, Hurley, Banick & Strickroot and Steven E. Stark, Miami, for Florida Defense Lawyers Association as amicus curiae.

Blanchard, Merriam, Adel & Kirkland, Ocala, for Academy of Florida Trial Lawyers as amicus curiae.

Before SCHWARTZ, C.J., and BARKDULL and GREEN, JJ.


SCHWARTZ, Chief Judge.

Pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(v), the insured under the collision coverage of an automobile insurance policy appeals from an order granting the carrier's motion to compel appraisal pursuant to a clause which provided that:

If we and you do not agree on the amount of the loss, either may demand an appraisal of the loss. In this event, each party will select a competent appraiser. The two...

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