Supreme Court of Alabama

Baldwin Mutual Insurance Company v. Melissa Adair

September 30, 20142014 Ala. LEXIS 161

Summary

The court held that insureds could not compel appraisal before complying with their policies' post-loss obligations and before the insurer had sufficient information to determine whether it disagreed with the claimed loss amounts. Because the circuit court ordered appraisal for 14 insureds prematurely, the court reversed and remanded. Chief Justice Moore, dissenting, would have affirmed because the policies did not expressly make post-loss compliance a condition to appraisal and the record supported the circuit court's finding of disagreement.