Evanston Insurance v. Cogswell Properties, LLC

OPINION

GORDON J. QUIST, District Judge.

Plaintiff, Evanston Insurance Company (“Evanston”), has filed a Complaint to Vacate Appraisal and for Declaratory Judgment against Defendant, Cogswell Properties, LLC (“Cogswell”), requesting that the Court vacate an appraisal award to Cogswell of the actual cash value of an insured loss on the grounds of manifest mistake (Count I) and bad faith (Count II). In addition, Evanston seeks a declaratory judgment (Count III) that Evanston’s liability to Cogswell is limited to Cogswell’s “financial interest in the Covered Property.”

The parties have filed cross…