Category: Insurance Appraisal

Ohio Supreme Court Holds That a Binding Appraisal Award May Not Be Set Aside Absent Specific Evidence of Manifest Mistake or Fraud

David Fagnilli and Thomas Glassman | Marshall Dennehey On July 23, 2026, the Ohio Supreme Court issued a rare opinion on the binding effect of an appraisal award in a property insurance policy.  The Court in One Church held: A binding appraisal award will not be set aside unless an error is so palpably wrong that it… Continue reading Ohio Supreme Court Holds That a Binding Appraisal Award May Not Be Set Aside Absent Specific Evidence of Manifest Mistake or Fraud

Ohio Supreme Court Reinforces Finality of Binding Appraisal Awards

Spencer Sukel | Freeman Mathis & Gary May a policyholder set aside a binding appraisal award by alleging additional real property damage was discovered after the appraisal process was completed? As of July 23, 2026, the Supreme Court of Ohio says no, absent corruption or gross mistake—not a mere error of judgment—a policyholder may not. And… Continue reading Ohio Supreme Court Reinforces Finality of Binding Appraisal Awards

Executive Summary: “Wear and Tear” Disclaimers and the Scope of Insurance Appraisal

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

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