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Cullman Bowling Center, LLC v. Tower Insurance Co. of New York

Citations: 140 So. 3d 456; 2013 WL 4489961; 2013 Ala. LEXIS 91Docket: 1120228

Court: Supreme Court of Alabama; August 23, 2013; Alabama; State Supreme Court

Narrative Opinion Summary

The case involves a petition for a writ of mandamus filed by an insurance company, an adjusting firm, and an adjuster against the order of the Cullman Circuit Court, which appointed an umpire to resolve a dispute over a claim related to roof damage on a commercial property. The insured invoked an appraisal clause in the insurance policy to settle disagreements about property value or the amount of loss. However, the insurance company opposed this, arguing the issue lay in determining coverage of the loss, not its amount. Referring to precedent from Rogers v. State Farm Fire Casualty Co., the court emphasized that appraisers are restricted to assessing monetary values, with coverage and liability issues reserved for judiciary determination. Although the court acknowledged the petitioners' argument that coverage disputes should not go through the appraisal process, it denied mandamus relief, noting that mandamus is only appropriate when no other remedies exist. The petitioners were advised to seek traditional appellate remedies, thereby affirming the trial court's denial of the writ.

Legal Issues Addressed

Interpretation of Insurance Contracts

Application: The court emphasized the principle that insurance contracts should favor the insured and be interpreted strictly against the insurer when the language is unambiguous.

Reasoning: The court emphasized that the appraisal clause's language was unambiguous, affirming the principle that contracts should favor the insured and be interpreted strictly against the insurer.

Mandamus as an Extraordinary Remedy

Application: The petitioners were denied mandamus relief because they failed to demonstrate the absence of adequate alternative remedies, such as traditional appellate processes.

Reasoning: Mandamus is an extraordinary remedy granted only when no adequate alternative exists, and the petitioners failed to demonstrate that their situation warranted such relief, as they could pursue traditional appellate remedies.

Role of Appraisers in Insurance Disputes

Application: The court held that an appraiser's role is limited to determining the monetary value of property damage and does not extend to coverage and liability issues.

Reasoning: The court referenced a previous case, Rogers v. State Farm Fire. Casualty Co., which established that an appraiser's role is limited to determining the monetary value of property damage, without authority to address coverage and liability issues, which should be resolved by the courts.

Use of Appraisal Clauses in Insurance Policies

Application: The court concluded that appraisal clauses are intended to resolve disagreements over property value or loss amount, not issues of causation or coverage.

Reasoning: The insured had requested the appointment of an umpire under an appraisal clause in the insurance policy, which is intended to resolve disagreements over property value or loss amount.