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Zurich Am. Ins. Co. v. Omni Health Solutions LLC

The trial court erred in ruling that an award made by the allegedly biased umpire in a dispute concerning the amount of covered loss under a commercial property insurance policy was not binding, as both parties' chosen appraisers—in addition to the umpire—expressly agreed to the award in writing.

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Omni Health Solutions, LLC Omni filed an insurance coverage claim with its insurer Zurich American Insurance Company Zurich for hail damage to Omni’s commercial property. When a dispute arose over the amount of the covered loss under Omni’s policy hereinafter the Policy, Omni invoked the Policy’s appraisal provision which provided for the appointment of two appraisers and an umpire. The original umpire resigned, however, after the discussions on the loss had begun, so the parties filed a joint petition in Superior Court for appointment of a new umpire. The Superior Court granted the parties’ joint petition, and subsequently ruled that the appraisal awards made by the original umpire were not binding because there was a question regarding the original umpire’s impartiality. Zurich appeals, contending, inter alia, that the Superior Court erred in ruling that the original umpire’s appraisal awards were non-binding. For the reasons that follow, we affirm in part and reverse in part.

Construction and interpretation of a contract are matters of law for the court. Citation omitted. Sewell v. Hull/Storey Dev., 241 Ga. App. 365, 366 1 526 SE2d 878 1999.

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