4320 Morrison LLC v. Auto-Owners Insurance Company

Filing 19

ORDER RE: APPRAISAL PROCESS 17 and 18 : C.R.S. § 13-22-214(4)(a) applies to the appraisal process used n this case, by Judge Richard P. Matsch on 6/13/2014. (jsmit)

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 13-cv-03428-RPM
4320 MORRISON LLC,
Plaintiff,
v.
AUTO-OWNERS INSURANCE CO.,
Defendant.

ORDER RE: APPRAISAL PROCESS

At the scheduling conference held on March 28, 2014, it was agreed that the parties would
attempt to agree as to whether the appraisal made in this case is the functional equivalent of an arbitration
under the Colorado Uniform Arbitration Act. In separate filings made on May 27, 2014, [17] and [18],
the parties have agreed that the appraisers and umpire are arbitrators under that act and are therefore
precluded from discovery and testifying at trial pursuant to C.R.S. § 13-22-214(4)(a). The defendant has
made its agreement both “contingent” on an agreement that Auto-Owners duty to negotiate was
suspended when the plaintiff invoked the appraisal correspondence on November 21, 2011 and that all
materials related to the appraisal process should be excluded from discovery. The plaintiff objects to such
a ruling at this time. It is now
ORDERED that C.R.S. § 13-22-214(4)(a) applies to the appraisal process used n this case.
Dated: June 13th,2014
BY THE COURT:
s/J. Chris Smith
________________________________
Richard P. Matsch, Senior District Judge