The defendant insurer brought a motion to have the quantum of the plaintiff's property loss claim determined by the appraisal process under the Insurance Act, rather than by the court.
The plaintiff opposed, arguing the request was too late and would improperly bifurcate the trial, as the action also included claims for bad faith and punitive damages.
The court granted the motion in part, holding that the appraisal process is mandatory under the Insurance Act for determining the quantum of loss, regardless of the delay or the presence of other claims in the action.
The claims for recovery under the policy were stayed pending the appraisal.
