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16-458 - Snyder v. American Family Insurance Company


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16-458 - Snyder v. American Family Insurance Company
October 3, 2016
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MEMORANDUM OPINION AND ORDER. 1. Plaintiff Monica Snyder's Motion to Compel Appraisal Hearing (Doc. No. 10) is GRANTED IN PART AND DENIED IN PART as follows: a. Snyder's Motion is GRANTED to the extent that it requests an order compelling American Family to participate in the appraisal process. As such, the parties shall comply with the appraisal provision in the Policy (Policy at 7 (Conditions Section I, 2)). Each party shall have seven (7) days from the date of this Order to identify its appraiser, after which the two appraisers shall jointly choose an umpire. b. Snyder's Motion is DENIED in all other respects. 2. Defendant American Family Insurance Company's Motion for Summary Judgment (Doc. No. 19) is DENIED. However, after appraisal is complete, American Family may, if necessary, move again for summary judgment in this case, provided that American Family files such motion in compliance with all scheduling orders issued by the Court. 3. The Court stays this litigation until the completion of the appraisal processnamely, when the "amount of loss" is set by the two appraisers or by one appraiser and the umpire, as provided by the Policy (Policy at 7 (Conditions Section I, 2)). The parties shall contact the Court within seven (7) days of the completion of the appraisal process. (Written Opinion) Signed by Judge Donovan W. Frank on 10/3/2016. (BJS)