Villas at Winding Ridge v. State Farm and Casualty Co.

Dist. Ct. did not err in granting defendant-insurance company’s motion for summary judgment in plaintiff-insured’s action alleging that defendant breached terms of insurance policy by failing to fully pay on plaintiff’s claim for hail damage to 33 roofs of plaintiff’s buildings, as well as processed plaintiff’s claim in bad faith. After exchanging competing appraisals, umpire chosen by both parties issued proposed award of $154,391.77 that represented costs of some repairs for metal damage on 33 buildings, but was less that $1.5 million plaintiff sought to completely replace shingles on all 33 roofs. Instant appraisal provision in policy was unambiguous, and plaintiff failed to identify any unfairness, fraud, collusion or misfeasance committed by umpire that could set aside his proposed award that was ultimately signed by defendant, which made it binding on parties. Moreover, plaintiff’s appraiser found no hail damage to 20 of plaintiff’s buildings. Fact that ultimate award was more than defendant’s initial appraisal did not require finding that defendant acted in bad faith when processing plaintiff’s claim, where there was no evidence that defendant had deceived plaintiff, delayed payment to plaintiff or exercised unfair advantage to pressure plaintiff to settle claim.