Appraisal Panel Can Determine Causation of Loss Under Ohio Law

Tred R. Eyerly | Insurance Law Hawaii     The federal district court granted the insured’s motion to compel an appraisal that would include a determination of causation of the loss. Eagle Highland Owners Association v. State Farm Fire and Casualty Co., 2023 U.S. Dist. LEXIS 220937 (S.D. Ohio Dec. 12, 2023).     Plaintiff argued… Continue reading Appraisal Panel Can Determine Causation of Loss Under Ohio Law

Florida High Court Says Appraisals Can Be Compelled Before Coverage Decided

William Rabb | Insurance Journal The Florida Supreme Court has resolved a conflict between differing appeals court decisions, deciding that property insurers can be compelled to submit to the appraisal process long before causation, coverage and misrepresentation issues are settled in claims disputes. “For the reasons explained below, we approve the Second District’s decision and… Continue reading Florida High Court Says Appraisals Can Be Compelled Before Coverage Decided

The Appraisal Clause: What It Is, and When to Enforce It

Joseph Englert and Emma Leonelli | McGuireWoods The Appraisal Process Even when an insurer agrees to cover an insurance claim, disputes often arise between the insurer and the insured as to the valuation of the loss, particularly for claims under commercial property and business interruption policies.  In these circumstances, policyholders should consider whether and to… Continue reading The Appraisal Clause: What It Is, and When to Enforce It

Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal

Tred R. Eyerly | Insurance Law Hawaii     The Eleventh Circuit recently held that the district court’s order compelling appraisal and staying the proceedings pending appraisal was an interlocutory order that was not immediately appealable under 28 U.S.C. 1292 (a) (1). Positano Place at Naples Condominium Association, Inc. v. Empire Indem. Ins. Co., 2023 U.S.… Continue reading Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal

Ala. Supreme Court Rules Appraisal Isn’t Arbitration, Dismisses Insurer’s Appeal

Jim Sams | Claims Journal A petition to invoke appraisal is not the same thing as a motion to compel arbitration, the Alabama Supreme Court ruled Friday. The high court dismissed an appeal by Great American Insurance Co. that sought to overturn a trial court’s order denying its motion to compel an appraisal in a dispute over… Continue reading Ala. Supreme Court Rules Appraisal Isn’t Arbitration, Dismisses Insurer’s Appeal

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