United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
C. HAMILTON UNITED STATES DISTRICT JUDGE.
matter is before the Court on Plaintiff's Motion for
Partial Summary Judgement (ECF No. 44) filed June 17, 2019.
This matter is fully briefed and ready for disposition.
issued a policy of insurance to Defendant under the policy
number 0188688-02-526158 (the “Policy”).
Defendant submitted a claim for damage and loss to its
building located at 1308 Veronica Avenue, St. Louis,
Missouri, 63147. (ECF No. 46, Plaintiff's Statement of
Uncontroverted Facts ¶ 1 (Plaintiff Facts)). Defendant
claims that on or about May 31, 2013, the property was
damaged by hail and or wind. Id. ¶ 2. This
action arises out of the Parties' dispute over the
Appraisal Award that was issued because it allegedly included
items for which coverage was still in dispute.
Policy contained the following Appraisal Provision:
C. LOSS CONDITIONS
If we and you disagree on the value of property or amount of
loss, either may make written demand for an appraisal of the
loss. In this event, each party will select a competent and
impartial appraiser. The two appraisers will select an
umpire. If they cannot agree, either may request that a
selection be made by a judge of a court having jurisdiction.
The appraisers will state separately the value of the
property and the amount of loss. If they fail to agree, they
will submit their differences to the umpire. A decision
agreed to by any two will be binding.
Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal and umpire
If there is an appraisal, we will still retain our right to
deny the claim …
Facts ¶ 3).
about May 31, 2013, the real property, a church building,
located at 1308 Veronica Avenue was damaged by hail or wind.
(Plaintiff Facts ¶ 2). Plaintiff did not accept coverage
for all the claimed loss and disputed whether all the claimed
damage was due to storm or hail. (ECF No. 45 at 2, citing
Plaintiff Facts ¶ 19). The parties disagreed about the
amount of loss and proceeded with the appraisal process
pursuant to the Appraisal Provision. Id. ¶4.
Defendant asserts that the parties also proceeded pursuant to
the regulation of the Missouri Department of Insurance at 20
CSR 500-1.100(2)(A) 4, which makes appraisal ...