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United States District Court for the Middle District of Alabama, Northern Division
May 22, 2019, Decided; May 22, 2019, Filed
CIVIL ACTION NO. 2:18-cv-723-TFM-WC
MEMORANDUM OPINION AND ORDER
Pending before the Court is Plaintiff's Request for Appointment of Umpire. Doc. 1, filed August 9, 2018. Plaintiff requests the Court to appoint an umpire pursuant to an appraisal clause in an insurance policy. Id. at 1. Also pending before the Court is Defendant's Motion to Dismiss and Response to Request for Appointment of Umpire (Doc. 5, filed September 5, 2018), in which Defendant requests the Court to dismiss this matter, pursuant to Fed. R. Civ. P. 12(b)(1), for lack of subject matter jurisdiction, and appoint an umpire from the list of nominees provided by Defendant. Having considered the motions and relevant law, the Court finds the motion to dismiss is due to be denied.
I. FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff originally filed in this Court, on August 9, 2018, its Request for Appointment [*2] of Umpire. Doc. 1. Plaintiff requests the Court to appoint an umpire pursuant to the appraisal clause of an insurance policy issued by Plaintiff in favor of Defendant. Id. at 1. Defendant submitted a claim for policy benefits and a dispute arose between the parties as to the amount payable from the claimed loss. Id. Plaintiff valued the loss at $278,598.60 and Defendant valued that loss at $454,329.18. Id. at 2. Because the parties failed to agree on the amount of Defendant's loss, on May 9, 2018, Defendant invoked the appraisal clause of the policy, which is as follows:
If you and we fail to agree on the amount of loss, either party may make written demand for an appraisal. Upon such demand, each party must select a competent and impartial appraiser and notify the other of the appraiser's identity within 20 days after the demand is received. The appraisers will select a competent and impartial umpire. If the appraisers are unable to agree upon an umpire within 15 days, you or we can ask a judge of a court of record in the state where the residence premises is located to select an umpire.
Doc. 1-2, at 3. The parties both appointed appraisers who attempted to agree on an umpire, but were unsuccessful. Doc. [*3] 1, at 1-2. Pursuant to the policy, Plaintiff filed this action for the Court to select an umpire. Id. at 2.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2019 U.S. Dist. LEXIS 86579 *; 2019 WL 2221603
ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY, Plaintiff, vs. FRANK ENCARNACION, Defendant.
Subsequent History: Later proceeding at Allstate Vehicle & Prop. Ins. Co. v. Encarnacion, 2019 U.S. Dist. LEXIS 100552 (M.D. Ala., June 17, 2019)
umpire, motion to dismiss, appoint, amount in controversy, subject matter jurisdiction, parties, diversity, exhibits, facial, counterclaim, threshold, courts