The defendant insurer brought a motion under s. 128 of the Insurance Act to compel the plaintiff insureds to participate in the statutory appraisal process following a fire loss.
The plaintiffs opposed the motion, arguing the matter should proceed to summary judgment due to a fundamental disagreement over the valuation date and allegations of bad faith.
The court dismissed the motion, finding that the appraisal process is limited to valuation and cannot resolve broader legal disputes such as policy interpretation regarding the correct valuation date.
The plaintiffs were ordered to submit a sworn proof of loss.
