Gonzalez v. State Farm Fire and Cas. Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that whether a claim is covered entirely by the policy is a judicial question, not a question for an appraiser
• reviewing claim that insurance company waived its right to appraisal on appeal from final judgment
• finding insurer did not forfeit right to appraisal because insurer “promptly answered and in the answer, demanded appraisal”
• finding no waiver where motion to compel appraisal was made within thirty days of filing suit
• “[W]hen the insurer admits that there is a covered loss, but there is a disagreement on the amount of the loss, it is for the appraisers to arrive at the amount to be paid.”
• “[T]he appraisers are to inspect the property and sort out how much is to be paid on account of a covered peril. In doing so, they are to exclude payment for a cause not covered, such as normal wear and tear, dry rot, or various other designated, excluded causes.”

Source: CourtListener parenthetical corpus (CC0).