NCI, LLC f/k/a Auto Glass Store LLC a/a/o Dora Noe v. Progressive Select Insurance Co.
An auto glass repair company suing as assignee of an insured challenged the validity and applicability of a Progressive policy's appraisal provision after Progressive paid only part of its windshield invoice. The Fifth DCA affirmed the trial court's order dismissing the suit without prejudice so the parties could complete appraisal, holding the appraisal clause was valid and unambiguous, an appraisable issue existed, and Progressive did not waive appraisal by contemporaneously raising a standing defense in its motion to dismiss.
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