When Is “Too Late” for an Insurance Company to Invoke Appraisal?

J. Ryan Fowler | Property Insurance Coverage Law Blog | July 10, 2018 I often take calls from potential clients and public adjusters frustrated with an insurance company that has denied, delayed and then underpaid a claim and then ultimately invoked appraisal. Often the insured or public adjuster states that multiple inspections have taken place… Continue reading When Is “Too Late” for an Insurance Company to Invoke Appraisal?

Texas Case Shows Clarity is Key in the Appraisal Process

Jennifer L. Gibbs and Michael C. Upshaw | Zelle | July 5, 2018 A recent Texas state appellate court decision confirms the importance of clarity in the appraisal process as to the issues being considered by an appraisal panel. In Texas Windstorm Insurance Association v. Dickinson Independent School District,[1] the 14th Court of Appeals in Houston… Continue reading Texas Case Shows Clarity is Key in the Appraisal Process

Post-Menchaca: Is the Independent Injury Rule Dead or Alive?

Kay Morgan | Property Insurance Coverage Law Blog | June 17, 2018 Having undertaken to write about “all things Menchaca,” this month is a review of five cases post-Menchaca which contradict one another in deciding whether the independent injury rule is dead or alive. Looking at the first set of cases post-Menchaca, it appears that the answer… Continue reading Post-Menchaca: Is the Independent Injury Rule Dead or Alive?

Texas Insurance Appraisal: Who is Grading Insurance Company Papers and the Policies They Sell?

Emily Marlowe | Property Insurance Coverage Law Blog | June 19, 2018 It is no secret that there are problems with the appraisal process. The ever-growing issues with appraisal include, but certainly are not limited to, exorbitant expenses pushed onto policyholders and insurance companies, gamesmanship, and the never-ending questions of: When is appraisal appropriate What… Continue reading Texas Insurance Appraisal: Who is Grading Insurance Company Papers and the Policies They Sell?

When Is a Demand for Appraisal Too Late?

J. Ryan Fowler | Property Insurance Coverage Law Blog | May 8, 2018 I often hear from insureds that have been negotiating with their insurance company for a period of time when the insurer suddenly demands appraisal. The insureds do not want to go to appraisal and the first question is always, “Can the insurance… Continue reading When Is a Demand for Appraisal Too Late?