Central Metal Fabricators, a Division of Central Air Conditioning & Sheet Metal, Inc. v. Travelers Indemnity Co. of America
Cases that cite this one
3 later published cases cite this decision.
- Hawaiian Inn Beach Resort Condominium Association, Inc. v. Arch Specialty Insurance Company (United States District Court for the Middle District of Florida 2025)
- Gulfside, Inc. v. Lexington Insurance Company (United States District Court for the Middle District of Florida 2021)
- Jyurovat v. Universal Property & Casualty Insurance (Fla. Dist. Ct. App. 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant, Central Metal Fabricators (âC.M.Fâ), appeals an adverse final summary judgment entered in favor of their insurer, appellee, Travelers Indemnity Company of America. Summary judgment was granted solely on the basis that C.M.F. did not fulfill a condition precedent to filing suit under the policy by submitting to an examination under oath. However, as C.M.F. repeatedly complied with all prior examination requests and only prematurely filed suit, we vacate the summary judgment and instruct the trial court to stay or abate the claim, pending compliance with the required examination under oath. See Holding Electric, Inc. v. Roberts, 530 So.2d 301 (Fla. 1988); Goldman v. State Farm Fire Gen. Ins. Co., 660 So.2d 300 (Fla. 4th DCA 1995), review denied, 670 So.2d 938 (Fla. 1996); Angrand v. Fox, 552 So.2d 1113 (Fla. 3d DCA 1989), review denied, 563 So.2d 632 (Fla. 1990).
Vacated and remanded with instructions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.