Sans Souci Condominium Association, Inc. v. American Coastal Insurance Company
The Third DCA affirmed an order denying a condominium association's motion to compel appraisal under its property policy, holding competent substantial evidence supported the trial court's finding that no 'disagreement' triggering the appraisal clause had yet arisen because the parties had not engaged in a meaningful exchange of estimates. The court also affirmed denial of the association's motion for reconsideration, but without prejudice to filing a renewed motion to compel appraisal based on later-developed facts. Judge Scales concurred to flag the intra-district and inter-district tension over appellate jurisdiction to review orders denying reconsideration of appealable nonfinal orders.
Key facts
- Sans Souci Condominium Association sought to compel appraisal of property damage under its insurance policy with American Coastal Insurance Company.
- The trial court denied the association's motion to compel appraisal, finding no 'disagreement' had yet arisen between the parties because they had not engaged in a meaningful exchange of repair estimates or notices of differing repair scopes.
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Why it matters
Practitioners handling first-party property claims get another Third DCA data point on when the 'disagreement' precondition to appraisal is satisfied, and confirmation that a denial can be revisited by a renewed motion… — full analysis with a trial
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