Madisonville, Hartford & Eastern R. R. v. Wiar

How courts have described this case

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

• holding “that a party should be entitled to involve its appraisal rights where the insurer and insured dispute causation as well as the amount of damage”
• holding “that a party should be entitled to involve its appraisal rights where the insurer and insured dispute causation as well as the amount of damage”
• observing that “it would be extraordinarily difficult, if not impossible, for an appraiser to determine the amount of storm damage without addressing the demarcation between ‘storm damage’ and ‘non-storm damage’”
• observing that “it would be extraordinarily difficult, if not impossible, for an appraiser to determine the amount of storm damage without addressing the demarcation between ‘storm damage’ and ‘non-storm damage’”
• concluding appraisers must always consider causation
• right of appraisal was not waived where party invoked appraisal three and a half months prior to litigation

Source: CourtListener parenthetical corpus (CC0).