Charles Rocco and Ashley Vicere Secure Win in Opposition to a Petition to Modify Appraisal Award

Shareholder Charles Rocco and Associate Ashley Vicere obtained a significant order dismissing a petition to modify an appraisal award in a recent decision from the New York Supreme Court.

The petition was made by an insured in Columbia County whose property was damaged by fire. After receiving several payments from the insurance company, the insured demanded appraisal pursuant to the policy. The appraisal proceeded, and an award was signed by the impartial umpire and the insured’s appraiser. The insurance company promptly paid the balance of the award in accordance with the policy. After receiving payment, the insured contended that there was a miscalculation of the appraisal award and petitioned for its modification.

Ashley successfully analyzed the claims and prepared a response, arguing that the petition was meritless and untimely. The insurance company had paid the claim and appraisal award in full. Moreover, even if the petition were timely filed, the petitioner failed to show any miscalculation. The Court agreed with both arguments, denying the petition to modify the appraisal award.

Charles concentrates his practice in property insurance coverage matters. He has extensive experience in a number of high-profile matters involving litigation of casualty, products liability and subrogation matters, as well as commercial litigation involving contract disputes and unfair business practices.

Ashley concentrates her practice on first-party property coverage and commercial litigation. She represents insurance companies in a wide range of matters including property, casualty and subrogation. She litigates bad faith and coverage suits involving complex issues and also advises clients regarding commercial contract disputes and the interpretation of commercial insurance policies.