American Coastal Insurance Co. v. San Marco Villas Condominium Ass'n, Inc.

Resolving certified conflict between the Second and Fourth DCAs, the Florida Supreme Court held that a trial court is not required to resolve coverage issues before compelling appraisal of an insured's loss. Where the policy contains a retained-rights provision allowing the insurer to deny the claim even after appraisal, and no policy term dictates timing, the trial court has discretion to sequence coverage and amount-of-loss determinations. The Court approved the Second District's affirmance of an order compelling appraisal despite the insurer's pending fraud/material-misrepresentation coverage defense.

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