Lewis v. Republic Fire & Casualty Insurance Co et al

Filing 52

MEMORANDUM RULING IT IS ORDERED that the 36 MOTION for Summary Judgment is DENIED for the reasons stated herein. IT IS FURTHER ORDERED that the re 42 MOTION to Strike is DENIED AS MOOT. IT IS FURTHER ORDERED that ten days after the date of this Ruling, the parties shall jointly contact the Court for the purpose of scheduling a telephone status conference to discuss this matter, particularly in light of the recently-denied motion to continue deadlines 49 . The parties shall be prepar ed to discuss this Courts grave concerns as to the position taken by Republic in this matter, i.e., that the Appraisal Award is invalid despite Republics failure to comply with a key requirement of the appraisal provision, that is, the selection of an umpire. This Court will discuss the foregoing in the context of what additional discovery needs to be completed in this case, and in connection with the plaintiffs bad faith claims.. Signed by Judge Rebecca F Doherty on 1/8/16. (crt,Guidry, C)

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