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Bell v. Liberty Mut. Fire Ins. Co.

Without an explicit provision in a standard homeowner's policy directing an umpire to perform the same itemization as the insured is directed to perform under the standard policy, the trial court did not err in failing to require the umpire to itemize the list of damages or loss of the insureds' property due to a house fire.

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Ernest and Iris Bell appeal from a trial court order granting Liberty Mutual Fire Insurance Company’s motion for entry and approval of certain appraisal awards determined by an umpire and denying the Bells’ motion to set aside those same awards, which were for less than the limits of their homeowner’s insurance policy with Liberty Mutual. The Bells contend that the trial court should have set aside the awards because the forms of the awards were improper, and thus, there was irregularity, a palpable mistake of law, or fraud in the issuance of the awards. The Bells also contend that the trial court erred in not finding that they were entitled to the maximum amount of coverage set forth in their insurance policy pursuant to a particular statute, and in not finding that Liberty Mutual denied their claim in bad faith. Finding no error, we affirm.

After their home was damaged by fire on April 26, 2008, the Bells submitted a claim to Liberty Mutual to recover the policy limits for the loss of their dwelling and personal property. Liberty Mutual disputed the amount of the claim. Pursuant to the terms of the policy, the matter was submitted to two appraisers and to an umpire, to determine the actual value and amount of loss.

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