United States Second Circuit
Amerex Group, Inc. v. Lexington Insurance Co., 10-4163
In a dispute between an outerwear distributor and its excess insurers over coverage for lost business income after a warehouse flood, the district court's dismissal of the complaint is affirmed, where: 1) the excess insurers did not waive their contractual appraisal rights by asserting them after the plaintiffs initiated litigation, so their demand for appraisal was timely; 2) the appraisal panel did not improperly decide questions of law in valuing damages; and 3) the appraisal's procedures did not violate the plaintiff's due process rights.
Appellate Information
- Decided 05/10/2012
- Published 05/10/2012
Judges
- Gerard E. Lynch
Court
- United States Second Circuit
Counsel
- For Appellant:
- Dennis T. D'Antonio, Mark L. Antin