HOENSTINE v. STATE FARM FIRE AND CAS. CO.

No. 99-6.

736 So.2d 761 (1999)

James HOENSTINE and Kathi Hoenstine, Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

July 2, 1999.


Attorney(s) appearing for the Case

Randy E. Schimmelpfennig of Billings, Cunningham, Morgan & Boatwright, P.A., Orlando, for Appellants.

Andrew P. Rock and Heath B. Nailos of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for Appellee.


PETERSON, J.

The appellants and their insurance company were not able to agree on the values of property damaged by a tornado and the appellants filed an action for breach of the contract of insurance.

State Farm Fire and Casualty Company filed a motion to abate based upon an appraisal clause in the policy:

6. APPRAISAL. If you and we fail to agree on the amount of loss, either one can demand that the amount of the loss be set by appraisal. If either...

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