California Court of Appeal

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Alexander v. Farmers Insurance Company, Inc., B239840

In a class action lawsuit alleging that defendant-insurers engaged in illegal adjusting practices, and particularly failed to comply with the method for determining actual cash value set forth in the Insurance Code for a partial loss in a fire, the trial court's denial of defendants' motion to compel an appraisal of plaintiff-insureds' claims is affirmed, where: 1) the decision whether to stay the appraisal is committed to the trial court's sound discretion; and 2) here, the trial court did not abuse its discretion in deferring an appraisal pending a judicial declaration of the parties' rights under the insurance policies and statutes, specifically, a determination of the legality of defendants' practices in calculating depreciation.

Appellate Information

  • Decided 09/23/2013
  • Published 09/23/2013

Judges

  • BIGELOW

Court

  • California Court of Appeal

Counsel