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Ohio Supreme Court says binding appraisal cannot be reopened
The court reinstated dismissal of a church's suit seeking about $206,663.1 more after it already cashed a storm appraisal award of $313,271.98 less a $900 deductible.
The Supreme Court of Ohio ruled on July 23, 2026 that a property insurer cannot be forced to pay more after the parties have already settled a storm loss through binding appraisal, rejecting a later attempt to reopen the amount. Insurance Business reports the decision centers on a church property dispute with Brotherhood Mutual Insurance Company over windstorm damage.
The case began with a February 2019 windstorm that damaged multiple buildings owned by One Church under a property policy issued by Brotherhood Mutual. When the parties could not agree on the size of the loss, One Church invoked the policy's appraisal clause, which allows each side to select an independent appraiser and binds everyone if the appraisers agree on a figure.
The appraisers agreed on a loss of $313,271.98. Brotherhood Mutual paid $312,371.98, reflecting the award minus a $900 deductible, and One Church cashed the check, according to Insurance Business. In February 2021, the church sued, arguing that additional hidden damages were later discovered and seeking another $206,663.09, but Brotherhood refused.
A trial court upheld the insurer, finding no evidence of fraud, misfeasance, or mistake to justify reopening the appraisal, while an appeals court had reversed. The Ohio high court then reversed again to reinstate dismissal, holding that appraisal awards are binding and that judicial intervention is limited to errors that undermine the whole deal, such as corruption or gross mistake, not a later difference in judgment.
The court also rejected the church's “mistake” theory, noting its complaint did not plead mistake and did not explain who found the extra damage, what it was, or why it remained hidden. It said that a manifest mistake would typically be one the appraiser would have corrected had it been brought to the appraiser's attention, and that simply spotting more damage later was not enough, the outlet said.