TMM Investments, Ltd. v. Ohio Casualty Ins. Co., No. 12-40635 (5th Cir. 2013)
Annotate this CaseThis appeal arose out of an insurance dispute between TMM, which owned a shopping center, and OCIC, which insured the property. At issue was the extent of damage that was caused to the property during a hailstorm. An appraisal was conducted but the district court set aside the appraisal award and had the case proceed to trial where an advisory jury assessed a damage award. The court held that the appraisal award was incorrect in that it excluded damage to the HVAC unit from the award, but that the rest of the award should remain unaffected by this determination; the appraisers did not exceed their authority when they considered causation issues, and therefore the appraisal award should not have been set aside; OCIC was only obligated to pay the amount articulated in the award, plus the cost of repair for the HVAC system; and, therefore, OCIC fulfilled the terms of the insurance contract when it tendered the amount articulated in the award and the cost of the repair to the HVAC system to TMM. Accordingly, the court held that there was no breach of contract and TMM's cross-appeal was moot. The court reversed and remanded so that the district court could reinstate the appraisal award.
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