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PARADISE PLAZA v. REINSURANCE CORP.

No. 95-2988.

685 So.2d 937 (1996)

PARADISE PLAZA CONDOMINIUM ASSOCIATION, INC., Appellant, v. THE REINSURANCE CORPORATION OF NEW YORK, Appellee.

District Court of Appeal of Florida, Third District.

December 19, 1996.

Attorney(s) appearing for the Case

Marc L. Goldman, for appellant.

David L. Deehl, Miami, Michele K. Feinzig, Plantation, for appellee.

Blanchard, Merriam, Adel & Kirkland, Dock A. Blanchard (Ocala) for Academy of Florida Trial Lawyers; Fowler, White, Burnett, Hurley, Banick & Strickroot, Steven E. Stark, for Florida Defense Lawyers Association, as amicus curiae.

Before SCHWARTZ, C.J., and BARKDULL, NESBITT, JORGENSON, COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER and SHEVIN, JJ.

SCHWARTZ, Chief Judge.

We have heard this case en banc to reconsider our holding in American Reliance Insurance Co. v. Village Homes at Country Walk, 632 So.2d 106 (Fla. 3d DCA 1994), review denied, 640 So.2d 1106 (Fla.1994), that a contractual reservation of the carrier's right to contest coverage renders a provision for arbitration and appraisal of damages void for lack of mutuality. We now hold that it does not and overrule...

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