STEVEN D. MERRYDAY, District Judge.
After Ram and Cynthia Singh's property caught fire, GeoVera Specialty Insurance Company indemnified the Singhs for a portion of the "insured value of the property." (Doc. 2 at 2) Arguing "total loss" of the property, the Singhs sue (Doc. 2) GeoVera for a determination of the amount of loss, for additional indemnity, and for an attorney's fee and costs. After commencement of the suit, GeoVera requested, and the Singhs consented to, an appraisal of the amount of loss. GeoVera moves (Doc. 5) to dismiss this action or "to stay litigation pending completion of [the] appraisal."
Moving to dismiss, GeoVera argues that an appraiser, not a court, must determine the amount of loss. The insurance agreement states, "If you and we fail to agree on the amount of loss, either may demand an appraisal of the loss. In this event, each party will choose a competent and impartial appraiser within 20 days after receiving a written request from the other." (Doc. 2-1 at 22) GeoVera requested, and the Singhs consented to, an appraisal of the amount of loss. "When the insurer admits that there is a covered loss, but there is a disagreement on the amount of loss, it is for the appraisers to arrive at the amount to be paid." Johnson v. Nationwide Mut. Ins. Co., 828 So.2d 1021, 1025 (Fla. 2002) (analyzing an almost identical appraisal provision). And the Singhs agree that "the amount of loss will be conclusively determined by the appraisal panel." (Doc. 9 at 2)
Because the complaint requests not only an appraisal but also an attorney's fee and costs, dismissal is premature. See Arvat Corp. v. Scottsdale Ins. Co., 2015 WL 6504587, at *1 (S.D. Fla. Oct. 28, 2015) (Gayles, J.) (dismissing a petition to compel an appraisal). And "[i]f the [insurance agreement] contained a mandatory . . . appraisal provision," the Singhs would have engaged in unnecessary litigation and "would not be entitled to attorney's fees. But the . . . appraisal [provision is] permissive, not mandatory, providing that either party may demand an appraisal."
GeoVera's motion (Doc. 5) to dismiss is