A. Scott Davidson, Sid Jaishankar, Ashley Houlden, and Michael Sherlock | Kroll Introduction Damages are generally calculated as either a loss of income or a loss of capital. When damages are determined on account of a loss of capital, it is often necessary to perform a valuation of an asset or business. This chapter is… Continue reading The Financial Damages Model for Loss of Value
Category: Insurance Appraisal
Selecting the Right Appraiser or Umpire for the Insurance Appraisal Process
Joe Gulick | JS Held Introduction 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.… Continue reading Selecting the Right Appraiser or Umpire for the Insurance Appraisal Process
A Permissive Appraisal Provision Does Not Constitute a Condition Precedent
Scott Keffer | Zelle The U.S. District Court for the Northern District of Texas, Fort Worth Division, recently granted an insurer’s motion for summary judgment, rejecting the insured’s argument that the contractual limitations period (2 years + 1 day) contained in its policy was unlawful and that the policy’s appraisal provision constituted a condition precedent… Continue reading A Permissive Appraisal Provision Does Not Constitute a Condition Precedent
One Dip and Done: Summary Judgment as a Shield Against Costly Double Dipping Claims
Marheldondria Johnson | Zelle In Frederich v. Trisura Specialty Ins. Co., the 5th Circuit affirmed the granting of Trisura’s Motion for Summary Judgment. That judgement was based on the insurer’s payment of an appraisal award plus interest. The court found this foreclosed the Insured’s extra contractual claims. Frederich v. Trisura Specialty Ins. Co., No. 24-40748, 2025 WL 2840272 (5th… Continue reading One Dip and Done: Summary Judgment as a Shield Against Costly Double Dipping Claims
Seventh Circuit Confirms that Appraisers May Determine Cause of Loss in Addition to Amount of Loss
Tred R. Eyerly | Insurance Law Hawaii The Seventh Circuit affirmed the district court’s ruling that the appraisers appointed under the policy provisions to establish the amount of loss could also find the cause of the loss. Mesco Manufacturing, LLC v. Motorists Mut. Ins. Co., 2025 U.S. App. LEXIS 18598 (7th Cir. July 25,… Continue reading Seventh Circuit Confirms that Appraisers May Determine Cause of Loss in Addition to Amount of Loss