John C. Eichman and Grayson L. Linyard | Hunton Andrews Kurth | July 3, 2019 In two cases decided June 28, 2019, the Texas Supreme Court held that an insurer’s invocation of a contractual appraisal provision after denying a claim does not as a matter of law insulate it from liability under the Texas Prompt… Continue reading Texas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims Act
Category: Insurance Appraisal
Insured’s Prejudgment Interest Award Runs From Date Appraisal Was Demanded
Christina Phillips | Property Insurance Coverage Law Blog | September 3, 2019 Dewey Hill owned eight townhome buildings in Minnesota insured by Auto-Owners.1 On August 16, 2013, a hail and windstorm damaged the buildings. Three days later, Dewey Hill notified Auto-Owners of the loss and submitted written property loss notices ten days later. Auto-Owners investigated the… Continue reading Insured’s Prejudgment Interest Award Runs From Date Appraisal Was Demanded
New Florida Case Alert: Retained Public Adjuster Was Not “Disinterested” Appraiser
James Chin and Jocelyn Demars | Zelle LLP | August 29, 2019 First-party property policies typically include appraisal provisions requiring each party to appoint a “disinterested” or “impartial” appraiser. A Florida appellate court recently addressed the question of what makes a potential appraiser “disinterested” in a case involving a Hurricane Irma claim. Florida’s Third District… Continue reading New Florida Case Alert: Retained Public Adjuster Was Not “Disinterested” Appraiser
The Seventh Circuit Court of Appeals Weighs In On “Matching”
Edward Eshoo | Property Insurance Coverage Law Blog | August 10, 2019 Last year in one of my blogposts, I wrote about Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 and the issue whether appraisal is appropriate to resolve a dispute over the cost of repairing physically undamaged siding of townhome buildings to remedy a mismatch… Continue reading The Seventh Circuit Court of Appeals Weighs In On “Matching”
The Policyholder’s Public Adjuster Cannot Be the Policyholder’s Appraiser
Chip Merlin and Etienne Font | Property Insurance Coverage Law Blog | August 3, 2019 The Florida Third District Court of Appeals recently held that the policyholder’s public adjuster cannot be the policyholder’s appraiser.1 This decision will have a major impact on appraisals because many public adjusters act as their own appraisers. It should be assumed… Continue reading The Policyholder’s Public Adjuster Cannot Be the Policyholder’s Appraiser