Tred R. Eyerly | Insurance Law Hawaii The court denied a motion to compel an appraisal upon determining the cause of the loss was still at issue. QBE Sec. Ins. Co., et al. v. The Enclave at Oak Hill Owners Association, 2023 U.S. Dist. LEXIS 107040 (S.D. Ala. June 21, 2023). … Continue reading Appraisal Request Found Inappropriate When Causation at Issue
Category: Insurance Appraisal
Fla. Public Adjusters Can’t Act as Appraisers if Fees Exceed Statutory Cap
William Rabb | Claims Journal Public adjusters cannot double as appraisers in claims disputes if their total fees exceed the statutory cap, a Florida appeals court decided Wednesday in what may be seen as another win in property insurers’ long battle against tactics allegedly employed by some public adjusters. The decision in Monarch Claims Consultants… Continue reading Fla. Public Adjusters Can’t Act as Appraisers if Fees Exceed Statutory Cap
Order Compelling Appraisal Is Not Final Appealable Order
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit determined that the district court’s order compelling an appraisal was not an appealable order under 28 U.S.C. 1291. Positano Place at Naples I Condominium Assoc., Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 13416 (11th Cir. May 31, 2023). Empire… Continue reading Order Compelling Appraisal Is Not Final Appealable Order
Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered
Joshua Tumen | Property Insurance Law Observer The Southern District of Texas recently held that an appraisal award did not establish liability for a covered loss under the policy. In Hoff v. Meridian Sec. Ins. Co., 2023 WL 5192013 (S.D. Tex. Aug. 11, 2023), Meridian Security Insurance (“Meridian”) insured Flemming Hoff (“Hoff”). After filing suit, Hoff… Continue reading Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered
Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit determined it lacked appellate jurisdiction over an order issued by the district court compelling an appraisal. Breakwater Commons Ass’n, Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 14459 (11th Cir. June 9, 2023). Following Hurricane Irma, Breakwater Commons Association filed a… Continue reading Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal