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

Judge Wants Fla. Adjuster Suspended, But Question Arises: Must Appraisers Be Licensed?

William Rabb | Insurance Journal A public adjuster that has been vilified by insurers for disrupting and delaying property inspections could soon be suspended for two years following a recommended order by an administrative law judge. But state regulators’ recommendations in the case have raised new and potentially far-reaching questions about whether appraisers must be… Continue reading Judge Wants Fla. Adjuster Suspended, But Question Arises: Must Appraisers Be Licensed?

Florida Supreme Court Holds That a Public Adjuster With Pecuniary Interest Cannot Qualify as a “Disinterested” Appraiser for Homeowner

Novera H. Ahmad | PropertyCasualtyFocus In Parrish v. State Farm Fla. Ins. Co., the Florida Supreme Court settled a conflict between two appellate courts, holding that a public adjuster, including the president of a public adjusting company, cannot serve as a “disinterested” appraiser if they have a pecuniary interest in the outcome of the appraisal. Background… Continue reading Florida Supreme Court Holds That a Public Adjuster With Pecuniary Interest Cannot Qualify as a “Disinterested” Appraiser for Homeowner