Scott Keffer | Zelle The U.S. District Court for the Northern District of Texas, Fort Worth Division, recently granted an insurer’s motion for summary judgment, rejecting the insured’s argument that the contractual limitations period (2 years + 1 day) contained in its policy was unlawful and that the policy’s appraisal provision constituted a condition precedent… Continue reading A Permissive Appraisal Provision Does Not Constitute a Condition Precedent
Category: Insurance Appraisal
One Dip and Done: Summary Judgment as a Shield Against Costly Double Dipping Claims
Marheldondria Johnson | Zelle In Frederich v. Trisura Specialty Ins. Co., the 5th Circuit affirmed the granting of Trisura’s Motion for Summary Judgment. That judgement was based on the insurer’s payment of an appraisal award plus interest. The court found this foreclosed the Insured’s extra contractual claims. Frederich v. Trisura Specialty Ins. Co., No. 24-40748, 2025 WL 2840272 (5th… Continue reading One Dip and Done: Summary Judgment as a Shield Against Costly Double Dipping Claims
Seventh Circuit Confirms that Appraisers May Determine Cause of Loss in Addition to Amount of Loss
Tred R. Eyerly | Insurance Law Hawaii The Seventh Circuit affirmed the district court’s ruling that the appraisers appointed under the policy provisions to establish the amount of loss could also find the cause of the loss. Mesco Manufacturing, LLC v. Motorists Mut. Ins. Co., 2025 U.S. App. LEXIS 18598 (7th Cir. July 25,… Continue reading Seventh Circuit Confirms that Appraisers May Determine Cause of Loss in Addition to Amount of Loss
Insurer’s Attempt to Challenge Appraisal Award Rejected
Tred R. Eyerly | Insurance Law Hawaii The insurer’s challenge to an appraisal award was rejected by the federal district court. Bogaerts v. State Farm Fire and Cas. Co., 2025 U.S. Dist. LEXIS 102170 (E.D. Mich. May 29, 2025). The plaintiffs’ home was destroyed by fire. State Farm was notified of the… Continue reading Insurer’s Attempt to Challenge Appraisal Award Rejected
Itemized Appraisal Ordered Over Delay and Coverage Dispute Objections: A Shift in the Appraisal Enforcement Paradigm?
Jessica Port | Zelle In a recent decision, Gray v. Philadelphia Contributionship, 748 F. Supp. 3d 367 (D. Md. 2024), U.S. District Judge James K. Bredar granted a policyholders’ motion to compel appraisal and stayed litigation in a diversity action involving a disputed storm damage claim. The ruling offers lessons for insurers on appraisal clauses, waiver,… Continue reading Itemized Appraisal Ordered Over Delay and Coverage Dispute Objections: A Shift in the Appraisal Enforcement Paradigm?