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?
Category: Insurance Appraisal
The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision
Colin T. Kemp and Colin Davis | Policyholder Pulse Policyholders, don’t lose track of the appraisal provision in your insurance policies. At least that is what the panel in 50 Exch. Terrace LLC v. Mt. Vernon Specialty Ins. Co. seemed to be saying. There, the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of policyholder-plaintiff’s case… Continue reading The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision
Appraisal Panel Acted Within its Rights when Considering Causation
Alexander Masotto | Zelle The Southern District of Texas recently denied an insured’s Motion to Set Aside the Appraisal Award after the Appraisal Panel considered causation relating to the damages claimed by the insured. In Rios v. Homesite Insurance Company, et al, No. 5:23-CV-00006, 2024 WL 4984446 (S.D. Tex. Sept. 26, 2024), the insured filed a… Continue reading Appraisal Panel Acted Within its Rights when Considering Causation
Policy Limits Vs. Property Damage: Lessons From Hurricane Ian
Jean-Paul Rudd | Adams & Adams Disputes often arise between insurers and policyholders regarding the value of insured property. Some of these disputes are resolved with little difficulty, as the value can be relatively easily established. For example, in cases where a storm causes partial damage to a home and its contents, the insured property… Continue reading Policy Limits Vs. Property Damage: Lessons From Hurricane Ian
Insurer Waives Objection to Appraiser’s Partiality by Waiting Until Appraisal Issued
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit affirmed the district court’s denial of the insurer’s objections on partiality grounds to the insured’s appraiser. Biscayne Beach Club Condominium Association, Inc. v. Westchester Surpus Lines Ins. Co., 2024 U.S. App. LEXIS 19663 (11th Cir. Aug. 6. 2024). Storms damaged buildings at… Continue reading Insurer Waives Objection to Appraiser’s Partiality by Waiting Until Appraisal Issued