Shane Smith | Property Insurance Coverage Law Blog | June 15, 2019 A recent Florida 4th District Court of Appeal decision, Bryant v. Geovera Specialty Insurance Company,1 addressed the issue of whether an insurance carrier’s payment of an appraisal award above a sublimit constituted a “confession of judgment.” The purpose of the confession of judgment doctrine, which… Continue reading Post-Lawsuit Payment of Appraisal Awards
Category: Insurance Appraisal
Be Sure To Clearly Define The Grounds For Disqualifying An Independent Appraisal Because The Court May Not Do It For You
Gregory S. Paonessa |Burns & Levinson | May 29, 2019 It is not uncommon for parties entering into an agreement to transfer an asset to seek the input of an independent, third-party appraiser. Plainly, the parties to any such transaction desire an appraiser who will be unbiased and will not have any conflicts of interest.… Continue reading Be Sure To Clearly Define The Grounds For Disqualifying An Independent Appraisal Because The Court May Not Do It For You
What Baseball Has Taught Me About The Insurance Appraisal Process
Ryan Hutson | Butler Weihmuller Katz Craig LLP | May 10, 2019 Anyone who has ever watched baseball knows that umpires sometimes make an incorrect call. In appraisal of a property insurance claim, sometimes the umpire can make a mistake as well. Just as in baseball, yelling and kicking dirt on the umpire’s proverbial home… Continue reading What Baseball Has Taught Me About The Insurance Appraisal Process
Eleventh Circuit Holds Attorneys’ Fees Are Not Warranted Where Policyholder Filed Suit Instead of Undergoing Appraisal
Chad A. Pasternack | Property Insurance Law Observer | April 23, 2019 The Eleventh Circuit, in J.P.F.D. Investment Corp. v. United Specialty Insurance Co., recently affirmed a district court’s denial of statutory attorneys’ fees to a policyholder that, to resolve a disagreement over the amount of loss, filed suit against its insurer instead of participating in appraisal.[1] In… Continue reading Eleventh Circuit Holds Attorneys’ Fees Are Not Warranted Where Policyholder Filed Suit Instead of Undergoing Appraisal
After an Appraisal Award is Signed, Can One Side Unilaterally Change It?
J. Ryan Fowler | Property Insurance Coverage Law Blog | April 2, 2019 With appraisal becoming more popular in first-party insurance cases, I often get asked: When is the appraisal completed? As most answers for a first party insurance case – it depends on the policy. Recently a Federal District Court in Florida was asked to determine… Continue reading After an Appraisal Award is Signed, Can One Side Unilaterally Change It?