A second case management conference is set for April 26 regarding the legal proceedings in the Argonaut Great Central Insurance Company v. Greenville Public School District case.
“On the Argonaut lawsuit, they approved a proof of loss to be submitted to the insurance carrier,” GPSD board attorney Dorian Turner said during a Feb. 12 special meeting of the board of trustees.
AGCIC serves as GPSD’s insurance carrier under its property casualty policy and asserted in its complaint that certain claims of hail damage to GPSD facilities in November 2017 and March 2018 were not “ripe for appraisal.”
According to an order issued and signed by U.S. Magistrate Judge David A. Sanders, alternative dispute resolution techniques appear helpful and will be used in the civil action.
As outlined in the judge’s order, the two parties are currently engaged in an alternative dispute process set forth in the case management order within the section entitled “Discovery Provisions and Limitations” as appraisal that is contained within the subject insurance policy.
If necessary the parties will request a settlement conference with the court.
The dispute process as outlined in the case management order states, “The parties agree that this matter is proper for an appraisal as set forth in policy’s appraisal clause to resolve disputes concerning the amount of loss. AGCIC agrees to proceed with the continued adjustment and appraisal process, but advises that it anticipates a dispute concerning the scope of the appraisal.
“Greenville anticipates it will contend that the entire dispute concerning the amount of loss should be resolved by the appraisal panel. To enable any disputes to ripen, the parties agree, and the Court orders, as follows: (1) Greenville’s appraiser, George Keys, will complete his appraisal of the amount of loss for all loss locations no later than Feb. 15 and Greenville will supplement its proof of loss (POL) to AGCIC consistent with Keys appraisal. Within 30 days of receipt of same, AGCIC will continue to adjust Greenville’s claim and notify Greenville of any dispute concerning the scope of the Keys appraisal/ supplemental POL and whether AGCIC contests any portion of the same is appropriate for appraisal.”
According to the case management order, if appropriate, AGCIC’s adjuster will provide a counter-estimate.
Should AGCIC dispute that any portion of the Keys appraisal/supplemental POL is appropriate for appraisal, either party may file a motion regarding such dispute no later than April 2.
“Otherwise, AGCIC’s appraiser, Brett Lochridge, will promptly move forward with his own appraisal of the amount of loss,” the order states. “To date, the parties’ appraisers have been unable to agree to the selection of an appraisal umpire. Should court intervention be needed for appointment of an umpire, either party may file a motion no later than April 2.”
