The defendant insurer brought a motion for an order appointing an appraiser pursuant to section 128(5) of the Insurance Act and compelling the plaintiff insureds to participate in the appraisal pursuant to Statutory Condition 11 of the policy.
The plaintiffs opposed the motion, arguing the appraisal process would not be cost-effective and would not resolve the broader issues in the action.
The court granted the motion, finding that the wording of Statutory Condition 11 is mandatory and requires an appraisal whenever there is a disagreement as to the value of the property insured or the amount of the loss, regardless of the extent of the disagreement or the existence of other issues.
