Lawrence Moon | Property Insurance Coverage Law Blog | July 18, 2018 A Missouri Court of Appeals recently held that an appraiser may advocate for the party that appointed the appraiser as long as the appraiser has no financial interest in the outcome of the appraisal. In Allstate Indemnity Company v. Gaworski,1 Allstate petitioned the trial court… Continue reading May an Appraiser Advocate for the Party that Appointed the Appraiser?
Category: Insurance Appraisal
Connecticut Court Holds Unresolved Coverage Issues Makes Appraisal Premature
Michael S. Levine, Lorelie S. Masters & Geoffrey B. Fehling | Hunton Andrews Kurth | July 2, 2018 A Connecticut court recently denied a motion to compel appraisal of a claim for coverage of a commercial property damage claim, holding that, where the insurance policy at issue provides for appraisal of disputes related to the… Continue reading Connecticut Court Holds Unresolved Coverage Issues Makes Appraisal Premature
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?