Facts

Michael and Katherine Neumann sued Allstate Insurance Co. in connection with a motor vehicle accident.

PLAINTIFFS' CONTENTIONS:
Allstate issued an automobile insurance policy for the Neumanns' 2010 Bentley Speed Convertible. On March 5, 2012, the couple was involved in an automobile accident, causing plaintiffs injury and damage to the car. The Neumanns were also injured as a result thereof. The Neumanns notified Allstate of the damage to their car, and sought payment what they claimed was a total loss of their vehicle pursuant to the insurance policy. However, the Neumanns contended that Allstate failed to, and refused to, select an appraiser pursuant to the insurance policy. In turn, this precluded the Neumanns from resolving their insurance claim. As such, the Neumanns sued Allstate for breach of contract and breach of the covenant of good faith and fair dealing.

DEFENDANT'S CONTENTIONS:
Allstate contended that its adjuster estimated the cost of repairs to be over $80,000. On the other hand, the Neumanns's mechanic estimated the repairs at over $150,000. Allstate contended that the Neumanns' estimate contained duplicate charges. Nevertheless, Allstate issued several checks to the Neumanns for the repair of their vehicle totaling $95,048. Meanwhile, the Neumanns maintained that their car was a total loss and demanded an appraisal. However, Allstate contended that the Naumans refused to engage in the appraisal process.

Eventually, the court had to appoint an umpire to appraise the amount of loss because Allstate and the Neumanns could not agree on an appraiser. In the end, Allstate issued a final check for $117,518, which represented the umpire's award minus the Neumanns' deductible. Then, Allstate filed a motion for summary judgment, arguing that the matter had been resolved.

Result

The court ultimately granted Allstate's motion for summary judgment.

Other Information

FILING DATE: Sept. 24, 2012.