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
Category: Insurance Appraisal
When the Appraisal Says One Thing, But the Policy Says Another: A Florida Insurance Case Study
Tiffany Bustamante | Property Insurance Law Observer In a recent decision by the U.S. District Court for the Middle District of Florida, Wood v. GeoVera Specialty Insurance Company (2024 WL 3952571), the court affirmed that unambiguous policy limits remain enforceable even when an appraisal award exceeds those limits. This decision provides valuable guidance for insurers handling post-catastrophe claims.… Continue reading When the Appraisal Says One Thing, But the Policy Says Another: A Florida Insurance Case Study
Court Rules Florida Insurer Can’t Object to Appraiser After the Award Is Decided
William Rabb | Claims Journal If a property insurer is going to object to an appraisal panel member’s fee arrangement, it must do so early in the process – not after the panel provides an unfavorable, multimillion-dollar appraisal award. That was the word this week from the U.S. 11th Circuit Court of Appeals in a… Continue reading Court Rules Florida Insurer Can’t Object to Appraiser After the Award Is Decided
Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain
Gabrielle Wright | Marshall Dennehey Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass’n, Inc., SC2021-0883, 2024 WL 369079 (Fla. 2024) The defendant, San Marco, filed a property claim with its insurer, American Coastal, for damage sustained to its property after Hurricane Irma. American Coastal paid San Marco for the claimed damage. Thereafter, San… Continue reading Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain
Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes
Noah Prosser | Marshall Dennehey On February 1, 2024, the Supreme Court of Florida issued its opinion in American Coastal Ins. Co. v. San Marco Villas Condominium Ass’n, Inc., 2024 WL 369079 (Fla. 2024), to address a persisting conflict on the timing of appraisal. The specific conflict centered around whether a trial court could compel appraisal… Continue reading Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes