Sunshine State Insurance Company appeals the trial court’s Order on Plaintiffs Motion to Compel Appraisal and to Abate the Action. We affirm because the trial court did not abuse its discretion when it allowed the appraisal to go forward while preserving all of Sunshine States’s rights to contest coverage as a matter of law.
In
Johnson v. Nationwide Mutual Insurance Company,
In the case before us, the insurer twice admitted there was a loss. Under the Johnson holding, the matter is thus ripe for appraisal.
Moreover, it is the law in our district that the order in which the issues of damages and coverage are to be determined by arbitration and the court is left to the discretion of the trial court.
See Paradise Plaza Condo. Assoc., Inc. v. The Reinsurance Corp. of New York,
In addition, we do not find that
Sunshine State Insurance Company v. Corridori,
Accordingly, we affirm the trial court’s Order on Plaintiffs Motion to Compel Appraisal and to Abate the Action. The trial court did not abuse its discretion in allowing the appraisal to go forward on a dual track basis, while preserving all of Sunshine States’s rights to contest coverage as a matter of law.
Affirmed.
