William Rabb | Insurance Journal The Florida Supreme Court has resolved a conflict between differing appeals court decisions, deciding that property insurers can be compelled to submit to the appraisal process long before causation, coverage and misrepresentation issues are settled in claims disputes. “For the reasons explained below, we approve the Second District’s decision and… Continue reading Florida High Court Says Appraisals Can Be Compelled Before Coverage Decided
Category: Insurance Appraisal
The Appraisal Clause: What It Is, and When to Enforce It
Joseph Englert and Emma Leonelli | McGuireWoods The Appraisal Process Even when an insurer agrees to cover an insurance claim, disputes often arise between the insurer and the insured as to the valuation of the loss, particularly for claims under commercial property and business interruption policies. In these circumstances, policyholders should consider whether and to… Continue reading The Appraisal Clause: What It Is, and When to Enforce It
Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit recently held that the district court’s order compelling appraisal and staying the proceedings pending appraisal was an interlocutory order that was not immediately appealable under 28 U.S.C. 1292 (a) (1). Positano Place at Naples Condominium Association, Inc. v. Empire Indem. Ins. Co., 2023 U.S.… Continue reading Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal
Ala. Supreme Court Rules Appraisal Isn’t Arbitration, Dismisses Insurer’s Appeal
Jim Sams | Claims Journal A petition to invoke appraisal is not the same thing as a motion to compel arbitration, the Alabama Supreme Court ruled Friday. The high court dismissed an appeal by Great American Insurance Co. that sought to overturn a trial court’s order denying its motion to compel an appraisal in a dispute over… Continue reading Ala. Supreme Court Rules Appraisal Isn’t Arbitration, Dismisses Insurer’s Appeal
Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims
Tred R. Eyerly | Insurance Law Hawaii The trial court’s order granting the insured’s motion to stay litigation and compel an appraisal was affirmed even though the insurer had not determined coverage on the insured’s additional claims.Heritage Prop. & Cas. Ins. Co. v. Wellington Place HOA, 2023 Fla. App. LEXIS 6405 (Fla. Ct.… Continue reading Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims