Tuesday, August 25, 2009

"Insurer Waived Its Right To Appraisal. Why Did It Wait?"

The Law and Insurance blog has a post that can be found here and begins:

Insurer Waived Its Right To Appraisal. Why Did It Wait?

Financial Management Internat'l, Inc. d/b/a/ The Summit Sports Club v Mt. Hawley Ins. Co., #M-08-267 (S.D. Tex. Aug. 17, 2009).

The court in this case denied Mt. Hawley's Motion to Compel Appraisal because it delayed until a year into the coverage lawsuit. The insurance dispute is over water damage at the sports club caused by a burst pipe. The insured brought the lawsuit alleging that Mt. Hawley refused to pay for the damage. We are not told any more than that about the coverage issues. We are told that the insurer removed the state court case to federal case, answered complaints, attended hearings, participated in discovery and mediation, and a year into the case, sought to invoke its right to appraisal...


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