The plaintiffs' home flooded, and their insurer's contractor removed goods for storage during repairs.
The plaintiffs alleged that a substantial amount of goods were lost or not returned and sued the insurer in tort and bailment for $226,000.
The defendant insurer moved to compel the plaintiffs to resolve the dispute by appraisal under s. 128 of the Insurance Act and Statutory Condition 11.
The court granted the motion, finding that the missing goods were insured property saved from the flood, and their valuation fell within the mandatory appraisal process.
The action was stayed pending the outcome of the appraisal.
