Nationwide Mutual Insurance Co. v. Johnson

Appeal from non-final order of the Circuit Court for Pasco County; W. Lowell Bray, Jr., Judge. Nationwide Mutual Insurance Company (Nationwide) appeals from a non-final order denying its motion to stay in favor of appraisal in this action Peter and Christine Johnson (the Johnsons) filed for breach of an insurance contract. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(v), which permits interlocutory review of orders determining a party's right to arbitration, because the appraisal provision in Nationwide's property insurance policy is an agreement to arbitrate. See Florida Select Ins. Co. v. Keelean, 727 So. 2d 1131 (Fla. 2d DCA 1999). We reverse the trial court's order denying the motion to stay in favor of appraisal and remand with directions to allow the appraisal to proceed.