Miller v. USAA Casualty Insurance Co

In Miller v. USAA Casualty Insurance Co., 2002 UT 6, 44 P.3d 663, the Court considered whether an order compelling appraisal constituted a final order. The Millers had contracted with USAA Casualty Insurance Company to insure their home. The contract contained a clause requiring that any disagreement with respect to the amount of loss from property damage be settled by an independent appraisal. The Court held that an order compelling the parties to obtain an appraisal was not final because "the claims remained pending between the parties and the controversy between the litigants was perpetuated."