STORY FROM: Superstorm Sandy Insurance Litigation

Majority of Issues in Ill. Federal Condo Storm Damage Action Sent to Appraisal

CHICAGO — An Illinois federal judge has sent a majority of the issues in a condominium storm damage coverage action to appraisal, finding they do not present legal questions that can only be resolved by the court.

In an April 25 order, Judge Elaine E. Bucklo of the U.S. District Court for the Northern District of Illinois did, however, reserve for the court the issue of whether the policy requires that certain undamaged portions of the property be replaced so that they are visually indistinguishable from portions of the property to which repairs are made. That issue involves “a paradigmatically ...

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