Tred R. Eyerly | Insurance Law Hawaii The court granted the insured’s motion for partial summary judgment, allowing an appraisal to go forward even with outstanding coverage issues in dispute. DC Plastic Products Corp. v. Westchester Surplus Lines Ins. Co., 2021 U,.S. Dist. LEXIS 95908 (D. N.J. May 19, 2021). DC Plastic’s… Continue reading Appraisal Appropriate Despite Pending Coverage Issues
Category: Insurance Appraisal
Policyholder Permitted to Videotape Appraisal
Maria Louise (Ria) Cousineau | Property Insurance Law Observer In Silversmith v State Farm Insurance Company, 2021 W.L. 2910240 (Fla. 4th DCA July 7, 2021), Florida’s Fourth District Court of Appeal ruled that policyholders may openly videotape an inspection by the insurance company appraiser, despite the state’s “two-party consent law.” The court held that an appraiser… Continue reading Policyholder Permitted to Videotape Appraisal
Appraisal Provision Enforced
Burns White In a dispute involving the appraisal provision of a residential insurance policy, the Eastern District of Pennsylvania granted an insurer’s motion to dismiss a breach of contract claim after finding that the insured’s claim was a dispute over the value of the loss, not a coverage dispute, and that the claim must proceed… Continue reading Appraisal Provision Enforced
Lights, Camera, Action: Florida Court Rules Insured Can Record Appraisal Inspection
Timothy Engelbrecht and Bret Freeman | Butler Weihmuller Katz Craig On July 7, 2021, Florida’s Fourth District Court of Appeal ruled that an insured may electronically record an insurer’s appraiser during an inspection of the insured’s property. The case is Silversmith v. State Farm Ins. Co., 2021 WL 2910240, 4D20-2685 (4th DCA July 7, 2021). The… Continue reading Lights, Camera, Action: Florida Court Rules Insured Can Record Appraisal Inspection
New Jersey Federal Court Holds That Insurance Coverage Issues Do Not Need To Be Decided Before Appraisal
Paul Fertland and Vincent Passarelli | Property Insurance Law Observer A federal court recently held that ongoing insurance coverage issues should not prevent an appraisal from going forward as per an appraisal clause in the insurance policy. In DC Plastic Products Corp. v. Westchester Surplus Lines Insurance Co. Case No. 17-13092 (D.N.J. May 19, 2021), the District… Continue reading New Jersey Federal Court Holds That Insurance Coverage Issues Do Not Need To Be Decided Before Appraisal