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
Category: Insurance 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?
Can An Insurer Waive Its Right to Appraisal?
Iris Kuhn | Property Insurance Coverage Law Blog | March 23, 2019 The purpose of Section 627.7015, Florida Statutes titled “Alternative procedure for resolution of disputed property insurance claims” is to encourage insurance companies and policyholders to resolve their disagreements regarding disputed property insurance claims without the necessity of litigation or appraisal. The statute requires, in part:… Continue reading Can An Insurer Waive Its Right to Appraisal?
Is A Licensed Public Adjuster Disqualified To Act As An Appraiser For Somebody Other Than A Policyholder?
Chip Merlin | Property Insurance Coverage Law Blog | March 16, 2019 Public adjuster Stephanie Lee approached me at the Win The Storm conference with an intriguing question—could she be appointed by a contractor holding an Assignment of Claim as the contractor’s appraiser in an appraisal? My first thought, and I bet it is the same thought… Continue reading Is A Licensed Public Adjuster Disqualified To Act As An Appraiser For Somebody Other Than A Policyholder?
Arbitration Is an Increasing Trend Found Within Property Insurance Policies, and Arbitration is Not Appraisal
Chip Merlin | Property Insurance Coverage Law Blog | January 15, 2019 The photograph above depicts the Merlin Law Group “War Room” during a week-long arbitration last week. Michael Duffy, Ian Dankelman, Eric Dickey, and Kelly Kubiak were the winning Merlin Law Group team obtaining a $3.1 million award on Saturday. What a way to start off the year!… Continue reading Arbitration Is an Increasing Trend Found Within Property Insurance Policies, and Arbitration is Not Appraisal