GALINDO v. ARI MUT. INS. CO.

Nos. 97-5856, 97-5857 and 98-4485.

203 F.3d 771 (2000)

Hilda GALINDO, Plaintiff-Appellant, v. ARI MUTUAL INSURANCE COMPANY, f.k.a. American Reliance Insurance Company, Defendant-Appellee. Alicia Suarez, Plaintiff-Appellant, v. ARI Mutual Insurance Company, f.k.a. American Reliance Insurance Company, Defendant-Appellee. Ramon Ferrer, Mayra Ferrer, Plaintiffs-Appellants, v. United States Fidelity and Guaranty Company, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 7, 2000.


Attorney(s) appearing for the Case

Keith A. Truppman, North Miami, FL, for Galindo and Suarez.

Charles M. Auslander, St. Louis, Guerra & Auslander, P.A., Miami, FL, for Galindo, Suarez and Ramon and Mayra Fererr.

D. David Keller, Nancy W. Gregoire, Dana S. Gehret, Bunnell, Woulfe & Keller, P.A., Ft. Lauderdale, FL, for ARI Mut. Ins. Co.

Raoul Cantero, Adorno & Zeder, P.A., Miami, FL, for U.S. Fidelity and Guaranty Co.

Before BIRCH and CARNES, Circuit Judges, and MILLS, Senior District Judge.


BIRCH, Circuit Judge:

These consolidated cases present the issue of whether a supplemental claim on a homeowner's insurance policy permits the insurance company to investigate the additional claim before appraisal is required under the policy. The district judges determined that the insurance companies' investigation of the subsequent claims was a condition precedent to appraisal; consequently, the insureds' appraisal request...

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