Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal

Tred R. Eyerly | Insurance Law Hawaii     The Eleventh Circuit recently held that the district court’s order compelling appraisal and staying the proceedings pending appraisal was an interlocutory order that was not immediately appealable under 28 U.S.C. 1292 (a) (1). Positano Place at Naples Condominium Association, Inc. v. Empire Indem. Ins. Co., 2023 U.S.… Continue reading Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal

Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims

Tred R. Eyerly | Insurance Law Hawaii     The trial court’s order granting the insured’s motion to stay litigation and compel an appraisal was affirmed even though the insurer had not determined coverage on the insured’s additional claims.Heritage Prop. & Cas. Ins. Co. v. Wellington Place HOA, 2023 Fla. App. LEXIS 6405 (Fla. Ct.… Continue reading Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims

Fla. Public Adjusters Can’t Act as Appraisers if Fees Exceed Statutory Cap

William Rabb | Claims Journal Public adjusters cannot double as appraisers in claims disputes if their total fees exceed the statutory cap, a Florida appeals court decided Wednesday in what may be seen as another win in property insurers’ long battle against tactics allegedly employed by some public adjusters. The decision in Monarch Claims Consultants… Continue reading Fla. Public Adjusters Can’t Act as Appraisers if Fees Exceed Statutory Cap

Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal

Tred R. Eyerly | Insurance Law Hawaii    The Eleventh Circuit determined it lacked appellate jurisdiction over an order issued by the district court compelling an appraisal. Breakwater Commons Ass’n, Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 14459 (11th Cir. June 9, 2023).     Following Hurricane Irma, Breakwater Commons Association filed a… Continue reading Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal

Trial Court Abuses Discretion in Appointing Unqualified Umpire for Appraisal

Tred R. Eyerly | Insurance Law Hawaii     The Texas Court of Appeals agreed with the insurer that the trial court abused its discretion in appointing an attorney as umpire in a property damage dispute. In re State Farm Lloyds, 2023 Tex. App. LEXIS 966 (Tex. Ct. App. Feb. 15, 2023).     The insured… Continue reading Trial Court Abuses Discretion in Appointing Unqualified Umpire for Appraisal

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