ROSELL v. UNITED AUTOMOBILE INS.

No. 3D01-3569.

836 So.2d 1061 (2003)

Naida ROSELL, Individually, and on Behalf of all others Similarly Situated, Appellant, v. UNITED AUTOMOBILE INSURANCE, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

January 29, 2003.


Attorney(s) appearing for the Case

Angones, Hunter, McClure, Lynch, Williams & Garcia and Christopher J. Lynch, Miami, for appellant.

Colodny, Fass, Talenfeld, Karlinsky & Abate and Maria Abate, Fort Lauderdale, for appellee.

Before SCHWARTZ, C.J., FLETCHER and SHEVIN, JJ.


PER CURIAM.

We affirm the order granting the defendant/insurer's motion to dismiss the complaint based on a finding that plaintiff did not designate a "competent and disinterested appraiser" as required by the terms of the insurance policy. Although plaintiff correctly asserts that the policy does not require that an insured select an expert as an appraiser, the court properly ruled that there was insufficient evidence to establish that the designated attorney...

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