Farfan v. Liberty Mutual Fire Insurance Company

Filing 14

ORDER granting 10 motion to stay. Signed by Judge Carlos E. Mendoza on 3/29/2017. (KMS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

JOVITA FARFAN,
Plaintiff,
v.

Case No: 5:17-cv-47-Oc-41PRL

LIBERTY MUTUAL FIRE
INSURANCE COMPANY,
Defendant.
/
ORDER
THIS CAUSE is before the Court on the parties’ Agreed Motion to Stay Litigation Pending
Completion of Neutral Evaluation (Doc. 10). This case arises out of Plaintiff’s property insurance
claim for damage allegedly caused by sinkhole activity. (Compl., Doc. 2, ¶ 20). While Defendant’s
investigations have determined that Plaintiff’s property has neither structural nor sinkhole damage,
(Doc. 10 at 1), Plaintiff’s investigations have provided contrary results, (id. at 2). Therefore,
Defendant has requested a Neutral Evaluation through the Florida Department of Financial
Services pursuant to section 627.7074 of the Florida Statutes.
“Section 627.7074 provides a substantive right of parties to have a neutral evaluator review
the claim and render a nonbinding report before the matter is adjudicated by a court.” Morejon v.
Am. Sec. Ins. Co., 829 F. Supp. 2d 1258, 1260 (M.D. Fla. 2011). Section 627.7074(10) provides:
“Regardless of when noticed, any court proceeding related to the subject matter of the neutral
evaluation shall be stayed pending completion of the neutral evaluation and for [five] days after
the filing of the neutral evaluator’s report with the court.” As a result, “courts in this District have
routinely stayed or closed cases pending completion of the neutral evaluation process.” Morejon,

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829 F. Supp. 2d at 1261 (granting a motion to stay the case pending completion of the neutral
evaluation process pursuant to section 627.7074 of the Florida Statutes and citing additional
Middle District of Florida cases for support). Accordingly, it is ORDERED and ADJUDGED as
follows:
1. The parties’ Agreed Motion to Stay Litigation Pending Completion of Neutral
Evaluation (Doc. 10) is GRANTED.
2. This case is STAYED pending completion of the Neutral Evaluation Process.
Within seven days of completion and receipt of the neutral evaluator’s report by the
parties, the parties shall ensure that the neutral evaluator’s report is filed with the
Court.
3. The Clerk is directed to administratively close this case.
DONE and ORDERED in Orlando, Florida on March 29, 2017.

Copies furnished to:
Counsel of Record

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