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Boys v. Mid-Century Insurance Co.

United States District Court, E.D. Michigan, Southern Division

February 19, 2015

THE D BOYS, LLC, Plaintiff,
v.
MID-CENTURY INSURANCE COMPANY, Defendant

Page 645

For The D Boys LLC, Plaintiff, Counter Defendant: Michael H. Fabian, Fabian, Sklar, Farmington Hills, MI.

For Mid-Century Insurance Company, Defendant, Counter Claimant, Counter Defendant: Donald R. Dillon, Jr., Waterford, MI; Stanley A. Prokop, Plunkett & Cooney (Detroit), Detroit, MI.

Page 646

OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND ENTRY OF FINAL JUDGMENT ON THE APPRAISAL AWARD, INCLUDING INTEREST

HON. BERNARD A. FRIEDMAN, SENIOR UNITED STATES DISTRICT JUDGE.

This matter is presently before the Court on plaintiff's motion for summary judgment and entry of final judgment on the appraisal award, including interest pursuant to M.C.L. § 500.2006 [docket entry 21]. Defendant has filed a response in opposition and plaintiff has filed a reply. Pursuant to E.D. Mich. LR 7.1(f)(2), the Court shall decide this motion on the briefs. For the following reasons, the Court shall grant the motion.

I. Background

This case deals with an insurance dispute regarding the amount of roof damage that a windstorm caused to plaintiff's apartment buildings. Plaintiff owns the " Philamer Apartments," which are located in Royal Oak, Michigan, and comprise 10 separate buildings designated by letters A through J. Plaintiff alleges that a windstorm on March 15, 2012, caused roof damage to Buildings J, C, and D. On March 20, 2012, plaintiff filed a claim as to Building J under the insurance policy it had with defendant. Plaintiff subsequently submitted to defendant claims for roof damage to Buildings C and D, citing the March 15, 2012, windstorm as the cause of damage. Defendant acknowledged that the windstorm caused damage to Building J, but

Page 647

denied that the windstorm caused roof damage to Buildings C and D.

Because the parties were unable to agree on the extent of the roof damage, plaintiff demanded an appraisal pursuant to M.C.L. § 500.2833(1)(m) to determine the amount of loss sustained by buildings J, C, and D. Each party appointed its own appraiser, but the two appraisers never selected an impartial umpire as required by M.C.L. § 500.2833(1)(m) because they disagreed about which buildings would be subject to appraisal. Plaintiff's appraiser maintained that all three buildings should be appraised because they were all damaged during the March windstorm. Defendant's appraiser argued that the appraisal should be limited to Building J alone, arguing that Buildings C and D raised " coverage issues" that could not be decided by the appraisal panel. To break the impasse, plaintiff filed the instant action on March 28, 2013.

On October 24, 2013, in granting plaintiff's motion for partial summary judgment, the Court found that the damage to Buildings C and D posed issues of " scope-of-loss," not " coverage" issues, and thus ordered the parties to appraisal and appointed Judge Dalton Roberson to serve as the impartial umpire. On August 8, 2014, Judge Roberson made the following appraisal award:

Replacement Cost: $900,000
Actual Cash Value: $720,000
Loss of Rent: $173,000

Judge Roberson and plaintiff's appraiser signed the appraisal award, rendering the award binding as to the amount of loss. Plaintiff now moves for summary judgment and entry of final judgment on the appraisal award and seeks statutory interest pursuant to M.C.L. ยง 500.2006. In response, defendant argues that there are genuine disputes of material facts that preclude entry of summary judgment ...


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