ARI MUT. INS. CO. v. HOGEN

No. 98-2075.

734 So.2d 574 (1999)

ARI MUTUAL INSURANCE COMPANY, etc., Appellant, v. Ana Maria HOGEN, Appellee.

District Court of Appeal of Florida, Third District.

June 16, 1999.


Attorney(s) appearing for the Case

Bunnell, Woulfe, Kirschbaum, Keller, Cohen & McIntyre, Dana S. Gehret, D. David Keller and Bruce S. Liebman (Fort Lauderdale), for appellant.

Charles M. Auslander; Ress, Mintz & Truppman and Scott Clein, North Miami, for appellee.

Before GODERICH, SHEVIN and SORONDO, JJ.


GODERICH, Judge.

The defendant, ARI Mutual Insurance Company [ARI], appeals from a non-final order granting the plaintiff's motion to compel arbitration. We reverse.

On August 19, 1997, Ana Marie Hogen filed a complaint against her insurer, ARI, alleging breach of the insurance contract for failure to pay damages on a loss covered by the policy. For the next nine months, Hogen actively litigated the matter. Specifically, she served ARI with the complaint,...

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