Graciana Zevallos | Carlton Fields Recently, the Ohio Supreme Court held that an insured’s allegation that additional “hidden” damages were discovered after completion of a binding appraisal were insufficient to state a claim for mistake that would permit the appraisal award to be set aside. In One Church v. Brotherhood Mutual Insurance Co., the insured church… Continue reading Ohio Supreme Court Upholds Binding Appraisal Award, Rejects Insured’s Claim for Subsequently Discovered “Hidden” Damage
Category: Insurance Appraisal
Should Courts Ask for Appraisal Award Clarification
Advise & Consult, Inc. In Jamestown Villas Homeowners Association v. State Farm Fire and Casualty Company, the U.S. Court of Appeals for the Eighth Circuit clarified the standard for finality in property insurance appraisal awards under Minnesota law, holding that courts should not seek appraiser clarification when the financial award logically resolves the disputed factual… Continue reading Should Courts Ask for Appraisal Award Clarification
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