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
Category: Insurance 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
Florida Policyholders Face New Hurdles In Dealing With The Appraisal Process
Kevin B. Dreher, Caroline Upton and Charles P. Edwards | Barnes & Thornburg Highlights The Florida Supreme Court reviewed whether an appraiser who entered into a contingency agreement with an insured homeowner can be considered “disinterested” under the terms of the policy Policyholders may wind up inadvertently punished for using industry standard contracts and risk… Continue reading Florida Policyholders Face New Hurdles In Dealing With The Appraisal Process