Narrative Opinion Summary
Agricultural Excess and Surplus Lines Insurance Company, now known as Great American E. S. Insurance Company, has petitioned for a Writ of Certiorari to quash a non-final order from the circuit court that denied its Motion for Protective Order. The court finds that the Petitioner is entitled to relief. The appraisal clause, detailed on page ten of the Petition, allows either party to request that a judge select an umpire if the appraisers cannot agree. Since the parties could not agree on an umpire, they sought the trial court's assistance for this specific selection. The court concludes that there is no need for a deposition of Agricultural's appraiser, as it would not be relevant to the selection of a neutral umpire. The contract between the parties only permits court intervention for umpire selection, with no provision for discovery in this context. The petition is granted.
Legal Issues Addressed
Appraisal Clause in Insurance Contractssubscribe to see similar legal issues
Application: The appraisal clause allows court involvement to select an umpire when appraisers disagree, highlighting the clause's role in dispute resolution between parties.
Reasoning: The appraisal clause, detailed on page ten of the Petition, allows either party to request that a judge select an umpire if the appraisers cannot agree.
Entitlement to Writ of Certiorarisubscribe to see similar legal issues
Application: The court grants the petition for a Writ of Certiorari because the Petitioner demonstrated entitlement to relief under the circumstances described.
Reasoning: The court finds that the Petitioner is entitled to relief.
Judicial Intervention in Contractual Disputessubscribe to see similar legal issues
Application: Judicial intervention is strictly limited to the selection of an umpire per the terms of the contract, without provisions for additional discovery.
Reasoning: The contract between the parties only permits court intervention for umpire selection, with no provision for discovery in this context.
Limitations on Discovery in Umpire Selectionsubscribe to see similar legal issues
Application: The court restricts discovery, ruling out the need for a deposition of the appraiser as irrelevant to umpire selection, focusing on the contract's terms.
Reasoning: The court concludes that there is no need for a deposition of Agricultural's appraiser, as it would not be relevant to the selection of a neutral umpire.