La Gorce Palace Condo Assoc., Inc. v. QBE Insurance

ORDER GRANTING MOTION TO DISMISS AS TO COUNT I AND II OF COMPLAINT

PATRICIA A. SEITZ, District Judge.

IN THIS CASE a condominium association has sued its insurer for failure to pay for losses arising out of Hurricane Wilma in October, 2005. Before the Court is Defendant’s Motion to Dismiss Counts I and II of the Plaintiffs Complaint [DE-9]. Count I seeks specific performance of the appraisal clause under the insurance contract. Count II requests declaratory judgments as to several things. It seeks a judgment that the insurance contract is valid and enforceable, and that Plaintiff is entitled to…