Dwyer v. Fidelity National Property & Casualty Insurance

EDITH H. JONES, Chief Judge:

William and Cynthia Dwyer (“Dwyers”) sued Fidelity National Property and Casualty Insurance Company (“Fidelity”) for insurance payments on their home damaged by Hurricane Katrina. Shortly before trial, Fidelity sought to compel nonbinding appraisal of the damages, pursuant to the contract. The district court denied this request as untimely and, following a bench trial, awarded the Dwyers $56,963.19 in damages and $22,927.88 in attorneys’ fees under the Equal Access to Justice Act. Because the district erred in denying Fidelity’s motion to compel appraisal and in…