Hodges v. Pennsylvania Millers Mutual Insurance

TAMILIA, Judge:

Marlene and Kevin Hodges appeal from the Order entered July 13, 1995 dismissing their complaint in this insurance action and ordering the parties to proceed to an appraisal. Since the timeliness of appellee’s appraisal demand is at issue, a chronological review of the facts is necessary.

In August, 1992, the parties executed a homeowners insurance policy. Under section 1, entitled “Conditions,” paragraph 6 of the policy provides:

6. Appraisal. If you and we fail to agree on the amount of loss, either may demand an appraisal of the loss....

Paragraph 8 of the policy provides:

8.…