Sunquest Properties, Inc. v. Nationwide Property And Casualty Insurance Company et al

Filing 245

CORRECTED ORDER GRANTING MOTION TO APPOINT UMPIRE AND APPOINTING UMPIRE granting Plaintiff's motion 94 and Defendant's 130 Cross-Motion to appoint an Umpire to participate in the appraisal of the total loss (from all causes) sustained b y the insured propertyy during Hurricane Katrina. John A. Voelpel, III, of Voelpel Claim Service, Inc., is appointed the Umpire for this appraisal. His customary fee is ACCEPTED and APPROVED. The appraisal of the total loss (from all causes) susta ined by the insured property during Hurricane Katrina shall be completed and the written findings of the appraisal signed by the appraisers and the umpire shall be filed with the Court in this action within forty-five days of the date of this order. THIS ORDER CORRECTS 244 . Signed by Senior Judge L. T. Senter, Jr, on 02/04/2010 (kbo)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION SUNQUEST PROPERTIES, INC. V. NATIONWIDE INSURANCE COMPANY, ET AL. PLAINTIFF CIVIL ACTION NO.1:08CV687 LTS-RHW

DEFENDANTS

CORRECTED ORDER GRANTING MOTION TO APPOINT UMPIRE AND APPOINTING UMPIRE The Court has before it Plaintiff's motion [94] and Defendant's cross-motion [130] to appoint an Umpire to participate in the appraisal of the total loss (from all causes) sustained by the insured property during Hurricane Katrina. These motions will be GRANTED. I have considered all the nominations made by the parties, and, based on my personal observation of him while testifying in Kuehn v. State Farm Insurance Company, Civil Action Number 1:08CV577 LTS-RHW, I find that John A. Voelpel, III, is qualified to act as the umpire in this appraisal and should be designated as the Umpire. Accordingly, it is hereby ORDERED That the plaintiff's motion [94] and the defendant's cross-motion [130] to appoint an Umpire to participate in the appraisal of the total loss (from all causes) sustained by the insured property during Hurricane Katrina are hereby GRANTED, and That John A. Voelpel, III, of Voelpel Claim Service, Inc., is hereby appointed the Umpire for this appraisal. Mr. Voelpel's customary fee of $250.00 per hour portal to portal plus travel expenses (mileage at the rate approved for federal employees, airfare, hotel expenses, and meals when appropriate) is hereby ACCEPTED and APPROVED. That the appraisal of the total loss (from all causes) sustained by the insured property during Hurricane Katrina shall be completed and the written findings of the appraisal signed by the appraisers and the umpire shall be filed with the Court in this action within forty-five days of the date of this order. SO ORDERED this 4th day of February, 2010. s/ L. T. Senter, Jr. L. T. SENTER, JR. SENIOR JUDGE