Advise & Consult, Inc. Overview In property insurance claims, insurers frequently attempt to reject policyholder demands for appraisal by framing causation disputes—specifically, distinguishing between covered storm damage and excluded wear and tear—as unappraisable “coverage questions.” In the majority of U.S. jurisdictions, once an insurer admits there is a covered loss, determining whether specific damage was… Continue reading Executive Summary: “Wear and Tear” Disclaimers and the Scope of Insurance Appraisal
Tag: insurance appraisal
Court Declines to Compel Appraisal Where Coverage is Disputed
Joshua Tumen | Property Insurance Law Observer In FutureCare Health and Management Corporation v. Affiliated FM Insurance Company, 2026 WL 1947844 (D. Md. 2026), the United States District Court for the District of Maryland held that appraisal was not appropriate where the insurer disputed coverage for all claimed losses, rather than merely disputing the amount of… Continue reading Court Declines to Compel Appraisal Where Coverage is Disputed
“The Two Appraisers Will Select an Umpire” – Why A Competent and Impartial Umpire Is Crucial to the Appraisal Process
Dennis Anderson | Zelle As those familiar with property insurance appraisal know, the outcome is often determined by the third member of the appraisal panel—the umpire—whose role is to resolve issues the two appraisers cannot agree on. Yet many insurance policy appraisal provisions provide little to no framework for who the appraisers can select to… Continue reading “The Two Appraisers Will Select an Umpire” – Why A Competent and Impartial Umpire Is Crucial to the Appraisal Process
Why the Portofino Appeal Could Reshape Insurance Appraisal Law
Advise & Consult A major insurance dispute now before the Eleventh Circuit may become a defining case on the limits of judicial review in property insurance appraisals. At issue is whether a court may set aside an appraisal award because of alleged flaws in how the panel reached its result, or whether those concerns fall… Continue reading Why the Portofino Appeal Could Reshape Insurance Appraisal Law
Insurance Appraisal Protocols Under the Microscope: Why Execution Still Matters
Advise & Consult There has long been debate in the insurance world over whether detailed appraisal memoranda and protocols help or hinder the appraisal process. Some argue these documents preserve the integrity of appraisals and reduce disputes. Others believe they invite post-appraisal litigation. A recent federal court decision offers an important reminder that, regardless of… Continue reading Insurance Appraisal Protocols Under the Microscope: Why Execution Still Matters