The opinion
EASTERN DISTRICT OF LOUISIANA
BRADLEY HENLEY, et al. CIVIL ACTION
VERSUS CASE NO. 23-7290
OCCIDENTAL FIRE AND CASUALTY SECTION: “G”(5)
INSURANCE COMPANY OF NORTH CAROLINA
ORDER
This litigation involves a dispute over insurance proceeds for damages allegedly sustained
to Plaintiffs Bradley Henley and Shelby Rosenblum’s (collectively, “Plaintiffs”) property during
a hail and windstorm on September 15, 2022.1 On November 22, 2023, Plaintiffs filed suit against
their property insurer Defendant Occidental Fire & Casualty Company of North Carolina
(“Defendant”) in the 22nd Judicial District Court for the Parish of St. Tammany.2 On December
13, 2023, Defendant removed the case to this Court.3
On April 25, 2024, Defendant filed the instant Motion to Compel Appraisal and Stay
Litigation Pending Completion of Appraisal.4 Defendant notes that it has invoked appraisal under
the terms of the insurance policy, but since invoking appraisal no appraiser has been named on
Plaintiff’s behalf.5 Defendant noticed the motion for submission on May 15, 2024. Pursuant to
Local Rule 7.5, any opposition to a motion must be filed eight (8) days before the noticed
1 Rec. Doc. 1-1.
2 Id. Defendant was incorrectly named as Occidental Fire and Casualty Insurance Company of North
Carolina.
3 Rec. Doc. 1.
4 Rec. Doc. 11.
5 Rec. Doc. 11-1 at 2.
2024. Plaintiffs have not filed any opposition to the motion, and therefore Defendant’s motion is
deemed to be unopposed.
Courts have consistently held that appraisal provisions in insurance policies are valid and
enforceable under Louisiana law.6 Such provisions, however, do not deprive a court of jurisdiction
over the matter.7 A district court has “discretionary power to stay proceedings before it in the
control of its docket and in the interests of justice.”8 District courts frequently stay litigation
pending completion of the appraisal process.9 Therefore, the Court grants Defendant’s unopposed
motion and stays this litigation pending completion of the appraisal process. Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion to Compel Appraisal and Stay
Litigation Pending Completion of Appraisal10 is GRANTED.
IT IS FURTHER ORDERED that the above-captioned action is STAYED AND
ADMINISTRATIVELY CLOSED pending the parties’ completion of an appraisal.
6 See, e.g., Dwyer v. Fid. Nat. Prop. & Cas. Ins. Co., 565 F.3d 284, 287 (5th Cir. 2009); St. Charles Parish
Hosp. Service Dist. No. 1 v. United Fire and Cas. Co., 681 F. Supp. 2d 748, 753 (E.D. La. 2010) (Vance, J.); Newman
v. Lexington Ins. Co., No. 06-4668, 2007 WL 1063578, at *2 (E.D. La. Apr. 4, 2007) (Africk, J.); Fourchon Docks,
Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, No. 86-2267, 1988 WL 32938, at *8 (E.D. La. Apr. 6, 1988)
(Wicker, J.); Branch v. Springfield Fire & Marine Ins. Co. of Springfield, Mass., 4 So. 2d 806, 727 (La. 1941); Girad
v. Atlantic Mut. Ins. Co., 198 So. 2d 444, 445–47 (La. Ct. App. 1967).
7 St. Charles Parish Hosp., 681 F. Supp. 2d at 753; Newman, 2007 WL 1063578, at *2; Fourchon Docks,
1988 WL 32938, at *8; Girad, 198 So. 2d at 446.
8 McKnight v. Blanchard, 667 F.2d 477, 479 (5th Cir. 1982).
9 Beasley v. GeoVera Specialty Ins. Co., No. 13-395, 2013 WL 3187289, at *4 (E.D. La. June 20, 2013)
(finding that the insurer’s “nine-day delay before invoking the appraisal provision was reasonable”) (Fallon, J.);
Newman, 2007 WL 1063578, at *4.
10 Rec. Doc. 11.
IT IS FURTHER ORDERED that the parties shall file a motion to lift the stay and reopen
the case, if necessary, within 30 days of completion of the appraisal process
NEW ORLEANS, LOUISIANA, this__2!St__ day of May, 2024.
NANNETTE J 2 TE BROWN
CHIEF JUDGE
UNITED STATES DISTRICT COURT