Perez v. Allstate Insurance Co.

Full title: ZENAIDA PEREZ, Appellant, vs. ALLSTATE INSURANCE COMPANY, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 1, 1998

709 So. 2d 591 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 97-3192

Opinion filed April 1, 1998. Rehearing Denied June 3, 1998

An Appeal from the Circuit Court for Dade County, Lawrence Schwartz, Judge. L.T. No. 97-16953

Marks and Truppman and Harold R. Klite Truppman; Lauri Waldman Ross, for appellant.

Angones, Hunter, McClure, Lynch Williams and Christopher J. Lynch, for appellee.

Before SCHWARTZ, C.J., and COPE and GREEN, JJ.

PER CURIAM.

Upon the sole condition that the insured file the sworn proof of loss required by the policy in support of her claim for additional insured damages, the order below denying appraisal is reversed on the authority of Allstate Ins. Co. v. Sierra, 705 So.2d 119 (Fla. 3d DCA 1998), and the cause is remanded with directions to order appraisal.

SCHWARTZ, C.J., and GREEN, J., concur.

COPE, J. (concurring in part and dissenting in part).

I concur that the insured must provide the sworn proof of loss, but would hold that the insured must comply with the other provisions of Section I(3) of the policy before the appraisal clause is triggered.