Rastelli Bros., Inc. v. Netherlands Ins. Co., 68 F.Supp.2d 451 (D.N.J. 1999) (Rastelli III)

Practice Areas: Property Litigation

Insured sued its property insurer, seeking an order directing the insurer to proceed with an appraisal of a fire loss in accordance with the terms of the policy’s appraisal clause after the insurer withdrew from the appraisal. After the insurer’s motion for summary judgment was granted, 68 F.Supp. 440, and the insured’s motion for reconsideration was denied, 68 F.Supp. 448, the insured moved for relief from the judgment. We opposed the application. The District Court, Simandle, J., held that the insured was not entitled to the extraordinary relief of vacation of the judgment to permit it to amend its complaint to seek money damages under a different theory.

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