Advise & Consult A major insurance dispute now before the Eleventh Circuit may become a defining case on the limits of judicial review in property insurance appraisals. At issue is whether a court may set aside an appraisal award because of alleged flaws in how the panel reached its result, or whether those concerns fall… Continue reading Why the Portofino Appeal Could Reshape Insurance Appraisal Law
Category: Insurance Appraisal
Appraisal on Trial: Florida Courts Draw Sharper Lines on Award Authority
Michael Shifrin | Bressler, Amery & Ross For decades, appraisal has been a central feature of Florida property insurance disputes. Designed to resolve disagreements over the amount of loss, appraisal was never intended to displace litigation altogether. In recent years, appraisal has become far more contested. Courts are now scrutinizing appraisal awards more closely, carriers… Continue reading Appraisal on Trial: Florida Courts Draw Sharper Lines on Award Authority
Insurance Appraisal Protocols Under the Microscope: Why Execution Still Matters
Advise & Consult There has long been debate in the insurance world over whether detailed appraisal memoranda and protocols help or hinder the appraisal process. Some argue these documents preserve the integrity of appraisals and reduce disputes. Others believe they invite post-appraisal litigation. A recent federal court decision offers an important reminder that, regardless of… Continue reading Insurance Appraisal Protocols Under the Microscope: Why Execution Still Matters
The Right Appraiser or Umpire for The Insurance Appraisal Process
Joe Gulick | Claims Journal In the world of insurance valuation disputes, the selection of the appraiser and umpire can significantly influence the outcome of an appraisal. These professionals play an important role in resolving disagreements over the value of damages, and their competence, impartiality, and negotiation skills are essential for achieving fair awards. Whether… Continue reading The Right Appraiser or Umpire for The Insurance Appraisal Process
Minnesota Courts Enforce Policy Provisions Barring Preaward Interest on Appraisal Awards
Lindsey Davis and Bryan Lee | Zelle Insurers must generally pay statutory preaward interest on Minnesota appraisal awards under commercial and residential property policies unless the policy expressly prohibits such interest. Recent decisions confirm that Minnesota courts will enforce policy provisions barring preaward interest. Recovery of interest is based on Minnesota Statute section 549.09, which governs… Continue reading Minnesota Courts Enforce Policy Provisions Barring Preaward Interest on Appraisal Awards