Steiner v. Middlesex Mutual Assurance Co.

689 A.2d 1154, 44 Conn. App. 415, 1997 Conn. App. LEXIS 87
CourtConnecticut Appellate Court
DecidedMarch 11, 1997
Docket15766
StatusPublished
Cited by18 cases

This text of 689 A.2d 1154 (Steiner v. Middlesex Mutual Assurance Co.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steiner v. Middlesex Mutual Assurance Co., 689 A.2d 1154, 44 Conn. App. 415, 1997 Conn. App. LEXIS 87 (Colo. Ct. App. 1997).

Opinion

HEALEY, J.

This case arises out of a dispute over a fire loss between residential property owners and their fire insurer. The defendant, Middlesex Mutual Assurance Company, had issued a homeowner’s insurance policy to the plaintiffs, Helmut Steiner and Michelle Steiner, insuring their Westport residence against loss or damage by fire. On August 18, 1992, their residence was extensively damaged by fire. The parties were unable to agree on the value of the damages, and they, therefore, agreed to have the matter of the loss determined through an appraisal1 process provided under [417]*417the policy. The parties thereafter, on January 26, 1993, executed, inter alia, on a printed form the following memorandum of appraisal:

“This memorandum by and between Helmut Steiner & Michelle Brown Steiner of the first part and the Middlesex Mutual Insurance Company of the second part:

“Witnesseth: that whereas the party of the first part claims to have sustained a loss by Fire occurring on the 18th day of August 1992 to and upon the following described property to wit: Building & Code up Grades & establish length of repair period. 249 Greens Farms Road Westport CT and

“Whereas policy # 1277049 issued by the party of the second part to the party of the first part provides as follows:

“2. Appraisal
“If the insured and the company fail to agree as to the amount of loss, each shall, on the written demand of either, made within sixty days after receipt of proof of loss by the company, select a competent and disinterested appraiser, and the appraisal shall be made at a reasonable time and place. The appraisers shall first select a competent and disinterested umpire, and failing for fifteen days to agree upon such umpire, then, on the request of the insured or the company, such umpire shall be selected by a judge of a court of record in the county and state in which such appraisal is pending. The appraisers shall then appraise the loss, stating separately the actual cash value at the time of loss and the amount of loss, and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. The insured and the company shall pay his or its chosen appraiser [418]*418and shall bear equally the other’s expenses of the appraisal and the umpire.’ and,
“Whereas, a disagreement has arisen between the parties hereto as to the amount of such loss.
“Therefore2 This Memorandum Witnesseth: that in conformity to the terms and conditions of the policy of the party of the second part, Dallas Dodge Sr. . . . and Alan Tancreti . . . have been selected and are hereby appointed appraisers, to appraise, in accordance with the terms and conditions of said policy, the replacement value of said property and the amount of loss directly caused by said fire to and upon the same. . . .”

The two appraisers and the umpire, chosen in accordance with the insurance contract, met and, on May 3, 1993, rendered an “initial appraisal award.” That appraisal was itemized as follows: building—replacement cost value-$l,440,000; building—actual cash value-$864,000; loss—replacement cost value-$858,559.62; loss—actual cash value-$600,000.3 As the trial court correctly noted, this May 3, 1993 appraisal was “limited” in that it did not take into account any necessary code upgrades in the undamaged areas of the insureds’ premises. It expressly stated4 that “code upgrades not considered in undamaged areas.”5 After the completion of the May 3,1993 appraisal, authorities [419]*419from the town of Westport determined that the undamaged portion would have to be upgraded to meet the Westport code requirements.

Thereafter, the parties apparently tried to negotiate a settlement of the values for the code upgrades in the undamaged areas. They were unable to agree. As a result of that impasse, the plaintiff commenced this declaratory judgment action on August 13, 1993. After the Westport authorities determined that upgrades would be required in the undamaged portion, the parties continued with the appraisal.

On September 14,1995, the appraisers and the umpire issued a memorandum of appraisal, which stated, inter alia, that the award of May 3, 1993, “left code upgrades in undamaged areas open.”6 That memorandum also said that a meeting that took place sometime after May 30,1995, “during which meeting it was determined that as a result of the fire, the building had to be brought up to current code before a Certificate of Occupancy could be issued for reoccupancy.” It was further determined that it was physically and economically impractical to repair the structure to comply with all applicable building codes. It was then determined that the most logical way to comply with all appropriate codes would be the complete demolition of the building and the construction of a new structure in its place. The September 14, 1995 appraisal developed a total replacement value, inclusive of demolition, of $1,652,017.78. This award noted that “the prior award for the fire loss . . . did include necessary code upgrades in the damaged areas equaling a replacement cost value loss of $858,559.62.” This appraisal then deducted “the previ[420]*420ous award from the values developed” and went on to say that “the award [now] equals $793,458.10 which represents the replacement cost value for this portion of the appraisal.” (Emphasis added.) This appraisal also pointed out that “it was further agreed that establishment of the actual cash value of the building as previously developed [had been] $864,000.00” (Emphasis added.) It then reset the actual cash value, stating that “the actual cash value of the building inclusive of code upgrades is [now] $991,210.62.”

The plaintiffs then filed a motion to confirm the appraisal award. The defendant filed a “limited” objection to the confirmation of the appraisal award, alleging that “the submission to the appraisers for the second portion of the appraisal award, which is the subject of the plaintiffs Motion to Confirm, was to determine the increased costs and for the total cost to repair and replace the damaged property taking into account the necessary code upgrades. ... In making said determination it was not necessary to determine the actual cash value of the building subsequent to its replacement and restoration and in accordance with code upgrades . . . .’’In addition, the defendant filed an application to vacate the arbitration award, which sought “an order vacating a portion of [the] arbitration award [of September 14, 1995] ... to the extent that the award . . . exceeded the submission. . . .”

In its decision, the trial court pointed out that, after the issuance of the initial appraisal award, dated May 3,1993, and the plaintiffs’ institution of their declaratory judgment action, the parties “agreed to submit the issue of the total value of code upgrades, including that in undamaged areas, for appraisal.” It further noted that, as a result, on September 14, 1995, a second appraisal was rendered, which listed the actual cash value of the building, inclusive of all code upgrades, at $991,210.62.

[421]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lynn v. Lynn
23 A.3d 771 (Connecticut Appellate Court, 2011)
Kopylec v. TOWN OF NORTH BRANFORD
23 A.3d 51 (Connecticut Appellate Court, 2011)
De Repentigny v. De Repentigny
995 A.2d 117 (Connecticut Appellate Court, 2010)
Sosin v. Sosin
952 A.2d 1258 (Connecticut Appellate Court, 2008)
State v. Denya
946 A.2d 931 (Connecticut Appellate Court, 2008)
May v. Retarides
848 A.2d 1222 (Connecticut Appellate Court, 2004)
Peltz v. Nationwide Mutual Insurance
63 Pa. D. & C.4th 85 (Philadelphia County Court of Common Pleas, 2001)
B D Molded P. v. Travelers Cas. S., No. Cv 98-0578890s (Sep. 15, 2000)
2000 Conn. Super. Ct. 11184 (Connecticut Superior Court, 2000)
Cheverie v. Ashcraft Gerel, No. Cv-99-0594359-S (May 5, 2000)
2000 Conn. Super. Ct. 5514 (Connecticut Superior Court, 2000)
Sansone v. Nationwide Mutual Fire Ins. Co.
47 Conn. Super. Ct. 35 (Connecticut Superior Court, 1999)
McMahon v. New London County, No. Cv 98-0408032 (Aug. 23, 1999)
1999 Conn. Super. Ct. 11872 (Connecticut Superior Court, 1999)
Industrial Risk v. Hartford Steam Boiler, No. Cv-99-0585438 (Apr. 29, 1999)
1999 Conn. Super. Ct. 4086 (Connecticut Superior Court, 1999)
Northrop v. Allstate Insurance
720 A.2d 879 (Supreme Court of Connecticut, 1998)
Steiner v. Middlesex Mutual Assurance Co., No. Cv93-0069851-S (Jan. 2, 1998)
1998 Conn. Super. Ct. 649 (Connecticut Superior Court, 1998)
State v. Connecticut Employees Union Independent, Inc.
699 A.2d 307 (Connecticut Appellate Court, 1997)
Willington Education Ass'n v. Board of Education
699 A.2d 186 (Connecticut Appellate Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
689 A.2d 1154, 44 Conn. App. 415, 1997 Conn. App. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steiner-v-middlesex-mutual-assurance-co-connappct-1997.