LA GORCE PALACE CONDO ASS'N v. QBE INS. CORP.

Case No. 10-20275-CIV.

733 F.Supp.2d 1332 (2010)

LA GORCE PALACE CONDO ASSOC., INC., Plaintiff, v. QBE INSURANCE CORP., Defendant.

United States District Court, S.D. Florida.

August 10, 2010.


Attorney(s) appearing for the Case

Christian Daniel Walled, Richard Alan Alayon, Alayon & Associates, Coral Gables, FL, Gary Simon Brooks, Brooks Hermelee Geffin, Miami, FL, for Plaintiff.

Melissa M. Sims, Gilberto Justino Barreto, Patrick Edward Betar, Berk, Merchant & Sims, PLC, Coral Gables, FL, Amy Millan Demartino, James Joseph Wicker, II, Wicker Smith O'Hara McCoy & Ford, P.A., West Palm Beach, FL, for Defendant.


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...

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