Rastelli Bros., Inc. v. Netherlands Ins. Co., 68 F.Supp.2d 440 (D.N.J. 1999) (Rastelli I)

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. On cross-motions for summary judgment, the District Court, Simandle, J., held that: (1) the appraisal clause was not an arbitration clause enforceable under the Federal Arbitration Act, and (2) since the insured had not raised the issue of coverage in its complaint, it could not request summary judgment on that issue.

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