Mesco Manufacturing, LLC v. Motorists Mutual Insurance Company

Plaintiff filed a lawsuit alleging that the defendant breached their contract for business insurance in violation of Indiana state law. The district court granted plaintiff’s motion for summary judgment and defendant appealed. The Seventh Circuit affirmed, finding that the district court correctly entered judgment in favor of the plaintiff and ordered the defendant to pay the entire amount of an appraisal award after defendant had refused to pay the full amount and that a “right to deny” clause of the appraisal provision of the contract did not give the insurance company the “unrestricted” right to deny the insured’s claims. (SCUDDER and MALDONADO, concurring)