Equity Capital Markets, LLC v. Certain Underwriters at Lloyd's London - Writ Denied
Summary
The Louisiana Court of Appeal, First Circuit, denied a supervisory writ filed by Equity Capital Markets, LLC seeking to compel Certain Underwriters at Lloyd's London to participate in an insurance appraisal process. The majority denied the writ. Judge Lanier dissented, arguing that under the unambiguous appraisal provision of the insurance policy, where parties disagree on property value or loss amount, either party may demand appraisal upon written request, and no time limitation exists for such demand. The dissent would have reversed the trial court's denial and remanded with instructions to order the defendant to select an appraiser.
Insurance companies and policyholders in Louisiana should review their appraisal clause provisions carefully. The dissent's reasoning suggests that written demands for appraisal triggered by a disagreement on loss value may not be subject to implied time limitations, and courts may be inclined to order the opposing party to select an appraiser when those conditions are met. Firms handling or disputing insurance losses should ensure any appraisal demand is in writing and clearly identifies the disagreement on value or loss amount.
What changed
The Louisiana Court of Appeal denied plaintiff's supervisory writ application seeking to compel appraisal in an insurance dispute. Judge Lanier's dissent highlighted that the insurance policy unambiguously permits either party to demand written appraisal when parties disagree on loss value, and the policy contains no time limitation for such demand. The majority's denial means the trial court's ruling stands as-is. Insurers and policyholders in Louisiana should note that appraisal clauses in insurance policies will be enforced according to their plain terms, and the dissent's interpretation suggests courts may be receptive to compelling appraisal upon proper written demand even without explicit time limits in the policy.
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April 20, 2026 Get Citation Alerts Download PDF Add Note
Equity Capital Markets, LLC v. Certain Underwriters at Lloyd&39;s London
Louisiana Court of Appeal
- Citations: None known
- Docket Number: 2026 CW 0058
Precedential Status: Unknown Status
Combined Opinion
%
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
EQUITY CAPITAL MARKETS, LLC NO. 2026 CW 0058
VERSUS
CERTAIN UNDERWRITERS AT APRIL 20, 2026
LLOYD'S LONDON
In Re: Equity Capital Markets, LLC, applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 750219.
BEFORE : LANIER, WOLFE, AND HESTER, JJ.
WRIT DENIED.
EW
CHH
Lanier, J., dissents and would grant the writ. Under the
unambiguous provisions of the policy of insurance at issue, if
the parties “disagree on the value of the property or the amount
of loss, either may make written demand for an appraisal of the
loss. In this event, each party will select a competent and
impartial appraiser.” The evidence shows that the parties
disagree on the value of the property and the amount of loss for
each of plaintiff’s claims. The parties do not dispute that
plaintiff made written demand for an appraisal for each loss,
and the policy does not contain a time limitation for such a
request. Accordingly, I would reverse the trial court’s denial
of plaintiff's motion to compel appraisal and remand the matter
to the trial court with instructions to order defendant, Certain
Underwriters at Lloyd’s London, to select a competent and
impartial appraiser pursuant to the policy with a time set by
the trial court. See Dore v. Shelter Mut. Ins. Co., 2013-0545
(La. App. lst Cir. 11/1/13), 2013 WL 5915141 (unpublished).
Court OF APPEAL, FIRST CIRCUIT
\
AY
ERK OF COURT
FOR THE COURT
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