CBKZZ Investment LLC v. Renaissance Re Syndicate 1458 LLoyds
- Vyskocil
- 1:22-cv-10672
- U.S. District Court · Southern District of New York
- 3
In CBKZZ Investment v. Renaissance Re, Judge Vyskocil ordered a response to CBKZZ’s request to compel insurance appraisal but did not decide the request.
CBKZZ Investment LLC, Renaissance Re Syndicate 1458 Lloyds, and Mt. Hawley Insurance Company; the order set a deadline for a response to CBKZZ’s request but did not resolve the appraisal or coverage dispute.
What happened
CBKZZ Investment LLC, doing business as Casa Rosa Hotel, asked the court to require Renaissance Re Syndicate 1458 Lloyds and Mt. Hawley Insurance Company to participate in an appraisal of storm damage to the hotel’s roof. CBKZZ said the parties disagreed about the amount of covered damage and that the insurers had first estimated $774.12 in damage before later denying the claim.
CBKZZ argued that appraisal should determine the factual amount of the loss, while legal coverage questions would remain for the court. It also asked the court to pause discovery about the amount of loss. The excerpt does not show the insurers’ response or the court’s analysis of these requests.
Judge Mary Kay Vyskocil ordered that a response to CBKZZ’s letter be filed by May 17, 2023. The court did not, in the provided text, grant or deny the request to compel appraisal or the requested discovery stay.
The detailed version
- CBKZZ Investment LLC v. Renaissance Re Syndicate 1458 LLoyds · No. 1:22-cv-10672
- Vyskocil
- May 10, 2023
Background
This excerpt is a letter from CBKZZ Investment LLC, doing business as Casa Rosa Hotel, requesting a conference concerning a motion to compel appraisal. The dispute concerns a commercial property insurance policy covering property at 761 W. State Hwy 100, Port Isabel, Texas. CBKZZ alleges that a windstorm on or about October 22, 2021, damaged the property’s roof.
The insurers’ adjusters initially estimated $774.12 in wind-related damage, which was below the policy’s $25,000 deductible. CBKZZ later provided an estimate of $512,199.29 and invoked the policy’s appraisal provision on April 11, 2022. According to CBKZZ, the insurers initially considered appraisal premature while an engineering inspection was pending. After that inspection, the insurers fully denied the claim and declined to participate in appraisal.
Plaintiff’s Request
CBKZZ asked the court to compel the insurers to participate in appraisal and to partially stay the case as to discovery concerning the amount of loss. CBKZZ argued that the parties’ dispute concerned the amount and extent of the wind damage, which it characterized as a factual issue appropriate for appraisal. CBKZZ also argued that it invoked appraisal before filing suit and before the insurers fully denied coverage.
These statements describe CBKZZ’s position in its request; the provided text does not include the insurers’ response or the court’s evaluation of CBKZZ’s arguments.
Court’s Action
The provided text ends with an order directing that a response to the letter be filed by May 17, 2023. Judge Mary Kay Vyskocil did not, in the provided excerpt, grant or deny the request to compel appraisal, rule on the requested discovery stay, or decide the parties’ coverage dispute.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.