The court denied a motion to compel an appraisal upon determining the cause of the loss was still at issue. QBE Sec. Ins. Co., et al. v. The Enclave at Oak Hill Owners Association, 2023 U.S. Dist. LEXIS 107040 (S.D. Ala. June 21, 2023).

Buildings at the Enclave were damaged by Hurricane Sally. Enclave submitted a claim for the loss to its insurers. Payment was made for some of the claimed loss, but the insurers disputed whether all of the claimed damages resulted from Hurricane Sally. Enclave then sought to invoke the appraisal provision in the policies.