Citizens Property Insurance Corp. v. Gutierrez

Citizens Property Insurance Corporation appeals from an order granting the insureds’ motion to compel appraisal of a claim under a commercial property insurance policy. For the following reasons, we reverse the order.

On appeal, Citizens contends that the trial court erred in prematurely ordering the appraisal when the record establishes that a factual dispute exists as to whether the insureds complied with, the policy’s post-loss provisions. We agree. In October 2005, the insureds’ property sustained damage during Hurricane Wilma. Subsequently, they filed a claim with Citizens and payment was…