CBKZZ Investment LLC v. Renaissance Re Syndicate 1458 LLoyds
- Vyskocil
- 1:22-cv-10672
- U.S. District Court · Southern District of New York
- 2
In CBKZZ Investment LLC v. Renaissance Re Syndicate 1458 Lloyds, Judge Vyskocil denied a premature appraisal motion without prejudice while insurance coverage remained unresolved.
CBKZZ Investment LLC, the insured, cannot compel an appraisal at this stage; the motion may be renewed after the insurance-coverage dispute is resolved.
What happened
CBKZZ Investment LLC, doing business as Casa Rosa Hotel, sued Renaissance Re Syndicate 1458 Lloyds and Mt. Hawley Insurance Company over roof damage and sought money damages and other relief. The case involved both the amount of the loss and whether the insurance policy covered it.
CBKZZ, the insured, asked the court to require an appraisal to determine the amount of the loss. The court said the request was premature because the dispute over whether the policy provided coverage had not yet been resolved.
Judge Mary Kay Vyskocil denied the motion without prejudice, allowing CBKZZ to renew the request later.
The detailed version
- CBKZZ Investment LLC v. Renaissance Re Syndicate 1458 LLoyds · No. 1:22-cv-10672
- Vyskocil
- June 6, 2023
Background
CBKZZ Investment LLC, doing business as Casa Rosa Hotel, brought an insurance coverage action against Renaissance Re Syndicate 1458 LLOYDS and Mt. Hawley Insurance Company. The action concerned damage to the roof on property owned by CBKZZ and sought money damages and other relief.
The opinion identified two issues in the case: the amount of the loss and whether the loss fell within the scope of the relevant insurance policy. CBKZZ, described as the insured, moved to compel an appraisal concerning the amount of the loss.
Ruling
The court denied the motion without prejudice as premature. It explained that an appraisal does not always need to occur before other issues are resolved and that deciding coverage disputes first can be more efficient for the parties, the appraisers, and the court.
Because the dispute over whether insurance coverage existed had not yet been resolved, the court concluded that an appraisal concerning the amount of the loss should not occur at that time. The denial was without prejudice to renewal of the motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.