On July 16, 2022, I wrote a blog regarding a recent decision in Wisconsin where the Federal District Court for the Eastern District of Wisconsin limited appraisal to “valuation” disputes. Today, I am pleased to announce that upon a Motion to Reconsider, the court reversed its decision and entered an order requiring the parties to submit their disputes to the appraisal process.1
The trial court in the Eastern District of Wisconsin reconsidered its position and rightly concluded that the dispute between the parties as to 41 different line items was not a coverage question, but rather was a scope difference related to the “means and method of repair,” i.e., a dispute as to the amount of the loss, and thus was appropriate for appraisal.
A copy of the court’s reconsideration order can be found here.
1 Higgins v. State Farm Fire & Cas. Co., No. 22-C-198 (Ed. Wisc. Sept. 2, 2022).