CARIBBEAN I OWNERS' v. GREAT AMERICAN INS. CO.

Civil Action No. 07-0829-WS-B.

619 F.Supp.2d 1178 (2008)

CARIBBEAN I OWNERS' ASSOCIATION, INC., Plaintiff, v. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, et al., Defendants.

United States District Court, S.D. Alabama, Southern Division.

March 10, 2008.


Attorney(s) appearing for the Case

David Anthony Busby, David F. Daniell, Daniell, Upton, Perry & Morris, P.C., Jonathon R. Law, Daphne, AL, for Plaintiff.

Archibald T. Reeves, IV, McDowell Knight Roedder & Sledge, L.L.C., Ray M. Thompson, Mobile, AL, Matthew L. Litsky, Phelphs Dunbar LLP, Michael Germain, Tampa, FL, for Defendants.


ORDER

WILLIAM H. STEELE, District Judge.

This action comes before the Court on Defendant XL Specialty's Motion to Dismiss Count II of Plaintiff's Complaint Pursuant to F.R.C.P. 12(b)(6) (doc. 12) and Plaintiff's Motion to Compel Appraisal and Stay Proceedings (doc. 28). Both Motions have been briefed and are ripe for disposition.1

I. Background.

On November 28, 2007, plaintiff Carribean I Owners' Association...

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