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.
Key facts
- Auto glass repair company NCI, LLC sued as assignee of insured Dora Noe's claim against Progressive Select Insurance Co. over a disputed windshield repair invoice.
- Progressive paid only part of the invoice and moved to dismiss the suit, also raising a standing/assignment defense, arguing the parties should proceed to appraisal under the policy's appraisal clause.
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Why it matters
This opinion aligns the Fifth DCA with the Second DCA's Glassmetics decision and gives insurers a comprehensive rejection of the standard package of AOB-vendor attacks on Progressive's auto glass appraisal clause… — full analysis with a trial
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