The insured asked Eastern District Judge Pratter to reconsider her rulings in this matter, issued two weeks earlier. Those rulings are summarized in this post.
Judge Pratter reaffirmed her ruling that the carrier could properly use a third party damage appraiser, instead of carrying out the appraisal itself; and that neither the carrier nor the third party appraiser acted improperly in carrying out the appraisal process.
She likewise reaffirmed her finding that there was no need to conduct a detailed investigation, where such an investigation was unnecessary under the facts controlling the loss value.
Nor was there any evidence emails deleted two years before the accident at issue were deleted in bad faith in violation of Federal Rule 37(e).
For these and other reasons listed in her opinion, the insured motion for reconsideration was denied.
Date of Decision: November 23, 2021
Ke v. Liberty Mutual Insurance Company, U.S. District Court Eastern District of Pennsylvania No. CV 20-1591, 2021 WL 5496326 (E.D. Pa. Nov. 23, 2021) (Pratter, J.)