Legal Opinion
Paradise Plaza Condominium Ass'n v. Reinsurance Corp. of New York
District Court of Appeal of Florida
Decided December 19, 1996No. 95-2988PublishedCited by 20 opinions
1Opinion of the Court
SCHWARTZ, Chief Judge.
We have heard this ease en banc to reconsider our holding in American Reliance Insurance Co. v. Village Homes at Country Walk, 632 So.2d 106 (Fla. 3d DCA 1994), review denied, 640 So.2d 1106 (Fla.1994), that a contractual reservation of the carrier’s right to contest coverage renders a provision for arbitration and appraisal of damages void for lack of mutuality. We now hold that it does not and overrule Village Homes and its offspring.
I
Like so many others, this case has its genesis in Hurricane Andrew. The Paradise Plaza on Miami Beach was allegedly damaged by its high…
2Cases cited39 opinions
- Hardware Dealers Mutual Fire Insurance v. Glidden Co.Supreme Court of the United States · 1931
- Hamilton v. Home InsuranceSupreme Court of the United States · 1890
- Tiedtke v. Fidelity & Casualty Company of New YorkSupreme Court of Florida · 1969
- Roe v. Amica Mut. Ins. Co.Supreme Court of Florida · 1988
- Ronbeck Const. Co., Inc. v. Savanna Club Corp.District Court of Appeal of Florida · 1992
34 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gonzalez v. State Farm Fire and Cas. Co.District Court of Appeal of Florida · 2000
- Citizens Property Insurance v. Mango Hill 6 Condominium Ass'nDistrict Court of Appeal of Florida · 2013
- Sunshine State Insurance Co. v. RawlinsDistrict Court of Appeal of Florida · 2010
- State Farm Florida Insurance Co. v. HernandezDistrict Court of Appeal of Florida · 2015
- Allstate Ins. Co. v. SierraDistrict Court of Appeal of Florida · 1998
15 more not listed; retrieve them via the Exa API.