CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SATURDAY, OCTOBER 11, 2025

Seventh Circuit Confirms that Appraisers May Determine Cause of Loss in Addition to Amount of Loss

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The Seventh Circuit affirmed the district court's ruling that the appraisers appointed under the policy provisions to establish the amount of loss could also find the cause of the loss.

October 6, 2025
Tred R. Eyerly - Insurance Law Hawaii

The Seventh Circuit affirmed the district court's ruling that the appraisers appointed under the policy provisions to establish the amount of loss could also find the cause of the loss. Mesco Manufacturing, LLC v. Motorists Mut. Ins. Co., 2025 U.S. App. LEXIS 18598 (7th Cir. July 25, 2025).

Mesco Manufacturing, LLC held a business policy from Motorists Mutual Insurance Company. Mesco submitted a claim for hail damage to the roofs of its manufacturing facilities. The roofs were made of sheet metal, modified bitumen and ethylene propylene diene terpolymer (EPDM). Motorists Mutual paid $7,806.75 for the claim. Mesco disagreed with the amount and invoked the policy's appraisal provision.

Appraisers were selected by the insurer and insured. The appraisers agreed that the metal roofing was hail damaged but disagreed on whether the EPDM and modified bitumen roofs were hail damaged. An umpire was selected.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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