Plaintiff appealed the dismissal of its complaint to vacate an arbitration award. Plaintiff owned properties insured by defendants. The properties suffered hail and wind damage. When plaintiff submitted a reimbursement claim, defendants disputed the amount owed for repairs. Plaintiff invoked the policy’s appraisal provision. A panel of appraisers agreed on a binding award, which was calculated in part based on a third-party repair company’s estimate. Plaintiff filed suit, arguing that the award used incorrect figures and measurements. The district court dismissed the case, ruling that plaintiff had asserted improper grounds for vacatur.
Where plaintiff had merely alleged factual errors in the appraisal award, the courts lacked authority to reconsider the merits of the award.
Judgment is affirmed.
Martinique Properties, LLC v. Certain Underwriters at Lloyd’s of London (MLW No. 79521/Case No. 21-3561 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Kelly) Appealed from U.S. District Court, District of Nebraska, Buescher, J. (Justin D. Eichmann, of Omaha, NE, for appellant) (John A. Svoboda, of Omaha, NE, for appellee; Gregory L. Mast, of Atlanta, GA, and Stephen A. Kahn, of Atlanta, GA, on the brief)