Witcher v. State Farm Fire and Casualty Company

A fire rendered the home of Plaintiffs a total loss, but Plaintiffs and their insurer could not agree on loss valuation. Policy provided for an appraisal process in the event of disagreement as to amount of loss. Insurer failed to notify Plaintiffs of its appraiser, and parties did not select a neutral appraisal umpire. Plaintiffs then filed petition for judicial appointment of appraisal umpire in circuit court, which court granted on same date petition was filed, and without notice of or service upon insurer. Order appointing appraisal umpire is vacated, as insurer was entitled to notice and an opportunity to be heard prior to court ruling on petition. (WELCH and MOORE, concurring.)