Miami 37 LLC v. Certain Underwriters at Lloyd’s London

By: Allison J. Van Fleet

Third District Court of Appeal of Florida

August 17, 2022

No. 3D21-0712

The issue considered by the Third District Court of Appeal was whether, under the policy at issue, Lloyd’s maintained the right to compel the insured to appraisal after the parties reached an impasse at mediation. Pursuant to Almeria Park Condo. Ass’n, Inc. v. Empire Indem. Ins. Co., the policy explicitly “absolves the parties of their obligation to participate in appraisal if, after mediation was requested, either party rejected the mediation result.” No. 18-20609-CIV, 2018 WL 8193773 at *3 (S.D. Fla. May 24, 2018). The Third District Court of Appeal accepted the judge’s reasoning in Almeria Park, which held that the policy language above did not absolve a party of the obligation to proceed to appraisal, if the parties did not reach a mediated settlement, but rather impassed. Thus, the Third District Court of Appeal upheld the trial court’s granting of the insurer’s motion to compel appraisal and to stay or abate the lawsuit pending the completion of appraisal after the parties reached an impasse at mediation.