Legal Opinion

Appointment of Umpire for Hayes Family Trust v. State Farm Fire & Casualty Co.

Court of Appeals for the Tenth Circuit

Decided January 4, 2017No. 15-6164PublishedCited by 104 opinions

1Opinion of the Court

TYMKOVICH, Chief Judge.

This appeal arises from a property damage claim filed by the Hayes Family Trust with its insurer, State Farm Fire & Casualty. When the parties could not agree on the amount of loss, Hayes invoked an appraisal process provided by the policy to calculate the loss incurred. The policy establishes a procedure whereby each party selects an impartial appraiser; the appraisers then select an impartial umpire. But if the appraisers are unable to agree on an umpire, the policy grants either party the right to seek appointment of the umpire by the court. After Hayes sought the…

2Cases cited27 opinions

  1. Hanna v. PlumerSupreme Court of the United States · 1965
  2. Catlin v. United StatesSupreme Court of the United States · 1945
  3. Servants of the Paraclete v. DoesCourt of Appeals for the Tenth Circuit · 2000
  4. Swint v. Chambers County CommissionSupreme Court of the United States · 1995
  5. ARW Exploration Corp. v. AguirreCourt of Appeals for the Tenth Circuit · 1995

22 more not listed; retrieve them via the Exa API.

3Cited by104 opinions

  1. Nelson v. Board of County CommissionersCourt of Appeals for the Tenth Circuit · 2019
  2. Jackson Ex Rel. Jackson v. Los Lunas Community ProgramCourt of Appeals for the Tenth Circuit · 2018
  3. Hafen v. HowellCourt of Appeals for the Tenth Circuit · 2024
  4. Nelson v. Board of County CommissionersCourt of Appeals for the Tenth Circuit · 2019
  5. Felders v. BairettCourt of Appeals for the Tenth Circuit · 2018

99 more not listed; retrieve them via the Exa API.

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