Category: Insurance Appraisal

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

Sixth District Court of Appeal Addresses the Scope of Appraisal

Denisse Ibarra and Nathaniel Tobin | Chartwell Law In a June 9, 2023 decision, the Sixth District Court of Appeal (“DCA”)[1] explained the role of an umpire during the appraisal process. The First Acceptance Ins. Co., Inc. v. At Home Auto Glass, LLC a/a/o Petra James trial court had limited the scope of appraisal when it ruled that… Continue reading Sixth District Court of Appeal Addresses the Scope of Appraisal

Trial Court Abuses Discretion in Appointing Unqualified Umpire for Appraisal

Tred R. Eyerly | Insurance Law Hawaii     The Texas Court of Appeals agreed with the insurer that the trial court abused its discretion in appointing an attorney as umpire in a property damage dispute. In re State Farm Lloyds, 2023 Tex. App. LEXIS 966 (Tex. Ct. App. Feb. 15, 2023).     The insured… Continue reading Trial Court Abuses Discretion in Appointing Unqualified Umpire for Appraisal

Issuing Judgment After Confirmation of Appraisal Award Overturned

Tred R. Eyerly | Insurance Law Hawaii     The Florida Court of Appeal reversed and remanded the trial court’s judgment in favor of the insured because after confirming the appraisal award, judgment was issued before the insurer could offer policy defenses. State Farm Florida Ins. Co. v. Hochreiter, 2023 Fla. App. LEXIS 743 (Fla. Ct.… Continue reading Issuing Judgment After Confirmation of Appraisal Award Overturned

Court Denies Insured’s Motion to Dismiss Complaint Seeking to Compel Appraisal

Tred R. Eyerly | Insurance Law Hawaii     The court denied the insured’s motion to dismiss after the insurer filed suit to compel an appraisal. Allied Trust Ins. Co. v. Tsang, 2023 U.S. Dist. LEXIS 352 (E.D. La. Jan. 3, 2023).      The insureds reported damage to their property arising from Hurricane Ida. The… Continue reading Court Denies Insured’s Motion to Dismiss Complaint Seeking to Compel Appraisal