Derrick McGowan v. First Acceptance Insurance Company, Inc., No. 19-13485 (11th Cir. 2020)

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USCA11 Case: 19-13485 Date Filed: 12/18/2020 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-13485 Non-Argument Calendar ________________________ D.C. Docket No. 8:19-cv-01101-SCB-CPT DERRICK MCGOWAN individually and on behalf of all others similarly situated, Plaintiff-Appellant, versus FIRST ACCEPTANCE INSURANCE COMPANY, INC., a Texas corporation, Defendant-Appellee. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (December 18, 2020) Before WILSON, GRANT, and TJOFLAT, Circuit Judges. PER CURIAM: First Acceptance Insurance Company concedes that Derrick McGowan’s position in this appeal is correct in light of Gravitystorm, LLC v. Old Dominion USCA11 Case: 19-13485 Date Filed: 12/18/2020 Page: 2 of 2 Ins. Co., 304 So. 3d 8 (Fla. Dist. Ct. App. 2020), and requests that we vacate the order on appeal and remand for further proceedings. We agree that the district court’s order compelling appraisal of McGowan’s claim is inconsistent with Florida precedent. Under Florida law, courts—not appraisers—decide questions concerning the interpretation of an insurance policy. Johnson v. Nationwide Mut. Ins. Co., 828 So. 2d 1021, 1025 (Fla. 2002). Here, the disputed issue of whether the policy’s term “actual cash value” includes sales tax, title transfer fees, and registration transfer fees is a question of policy interpretation for the court. Gravitystorm, 304 So. 3d at 9. The district court therefore erred in sending this question to appraisal. We accordingly vacate the district court’s order and remand for further proceedings consistent with this opinion. VACATED AND REMANDED. 2

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