Amerex Group, Inc. v. Lexington Ins. Co., No. 10-4163 (2d Cir. 2012)Annotate this Case
This case arose from a longstanding insurance dispute between plaintiffs and their excess insurers. Plaintiffs appealed an order of appraisal in the district court and that court's subsequent order confirming the appraisal award and granting defendants' motion for partial summary judgment. Plaintiffs argued that: (1) defendants waived their appraisal rights by failing to invoke them within a reasonable time, (2) the appraisers exceeded their power by deciding legal issues, and (3) the appraisal was improperly conducted in violation of plaintiffs' due process rights. The court found these arguments to be without merit and affirmed the district court's judgment.