Miami 37 LLC v. Certain Underwriters at Lloyd's London
An insured argued that reaching an impasse at mediation triggered the policy's exception excusing the parties from appraisal where a party 'rejects the mediation result.' The Third District, expressly adopting Judge Altonaga's reasoning in Almeria Park Condominium Ass'n v. Empire Indemnity, held that the 'rejection of the mediation result' language refers to rescission of a settlement reached in mediation, not a mere impasse, and affirmed the order compelling appraisal and staying the suit.
Key facts
- Miami 37 LLC, an insured under a commercial property policy issued by Certain Underwriters at Lloyd's London, sought coverage for a loss and engaged in mediation with the insurer to resolve the claim.
- The parties reached an impasse during mediation without settling, and the insured argued the policy's mediation clause exception—which excuses parties from appraisal when they 'reject the mediation result'—prevented mandatory appraisal.
- +2 more key facts with a free trial
Why it matters
This is the first Florida appellate decision to interpret the common mediation/appraisal interplay in commercial property policies, adopting a federal district court's construction as binding state precedent. Insurers… — full analysis with a trial
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