Legal Opinion

American Integrity Insurance Co. of Florida v. Gainey

District Court of Appeal of Florida

Decided September 28, 2012No. 2D11-5118PublishedCited by 2 opinions

1Opinion of the Court

CRENSHAW, Judge.

American Integrity Insurance Company of Florida (American) appeals a nonfinal order granting Patricia Gainey’s motion to enjoin appraisal proceedings and lift the stay of litigation. Because the trial court erred by concluding that American waived its right to appraisal, we reverse and remand for farther proceedings.

In 2010, Gainey brought a claim under her homeowner’s insurance policy with American, claiming that her residence was damaged by a water leak. After an inspection, American issued a check to Gai-ney for damages in the amount of $16,349.13. Counsel for Gainey sent…

2Cases cited5 opinions

  1. Holly v. AuldSupreme Court of Florida · 1984
  2. Continental Cas. Co. v. Ryan Inc. EasternSupreme Court of Florida · 2008
  3. Florida Insurance Guaranty Ass'n v. Devon Neighborhood Ass'nSupreme Court of Florida · 2011
  4. Florida Convalescent Centers v. SombergSupreme Court of Florida · 2003
  5. Florida Insurance Guaranty Ass'n v. Shadow Wood Condominium Ass'nDistrict Court of Appeal of Florida · 2009

3Cited by2 opinions

  1. SFR Services, LLC v. Empire Indemnity Insurance CompanyDistrict Court, M.D. Florida · 2019
  2. ZOILA LEON v. CITIZENS PROPERTY INSURANCE CORP.District Court of Appeal of Florida · 2020

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