The U.S. District Court for the Northern District of Illinois elected to abstain from exercising jurisdiction over an action by homeowners against their insurer for a declaratory judgment and for damages for failing to provide coverage for damage to their property because of a hailstorm under the Wilton /Brillhart doctrine, pending the outcome of a declaratory judgment action in Illinois state court brought by the insurer, where the same facts and legal theory were controlling. Mouw v. Shelter Mutual Insurance Company, 2023 WL 167514, Case No. 22-CV-2306 (N.D. Ill. Jan. 12, 2023). Matthew B. Mouw and Mary K. Mouw were issued a homeowners insurance policy by Shelter Mutual Insurance Company ("Shelter"), providing coverage for "accidental direct physical loss" to their dwelling. The Mouws submitted a claim after a May 16, 2019 hailstorm. Around November 3, 2020, Shelter issued payment to the Mouws for $11,937.62 for the cost to repair and replace the damage, minus pre-loss depreciation and the Mouws' deductible. The Mouws disagreed with Shelter on the amount of the loss and demanded an appraisal on August 6, 2021, which Shelter denied on August 26, 2021.
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