MERRICK PRESERVE CONDO. v. CYPRESS PROP.

No. 4D20-1419.

315 So.3d 45 (2021)

MERRICK PRESERVE CONDOMINIUM ASSOCIATION, INC., Appellant, v. CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

March 31, 2021.


Attorney(s) appearing for the Case

Alexander Brockmeyer of Boyle, Leonard & Anderson, P.A., Fort Myers, and Zorian Sperkacz of Zorian Sperkacz, P.A., Miami, for appellant.

Steven G. Schwartz of Schwartz Law Group, Boca Raton, for appellee.


A condominium association appeals an order denying its petition to compel appraisal. It argues the trial court erred in denying its motion because the insurer did not "wholly deny" coverage for the association's damage claims. We agree and reverse.

The insurer issued a policy to cover twenty-four (24) structures operated by the condominium...

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