Elliot Kerzner and Alycen A. Moss | Property Insurance Law Observer Accepting coverage for part of a claim may subject an insurer to a policy’s appraisal process when the extent of covered damage is in dispute, according to a recent ruling issued by the Eastern District of Tennessee. In Morrow v. State Farm Fire & Cas.… Continue reading Accepting Coverage for Part of a Claim May Subject an Insurer to the Appraisal Process Under Tennessee Law
Category: Insurance Appraisal
Appraisal Ordered After Carrier Finds Loss Even if Cause Disputed
Tred R. Eyerly | Insurance Law Hawaii The court ordered an appraisal when the parties differed on the amount of loss to the dwelling even when the carrier contended the dispute was over the cause of the loss. Khaleel v Amguard Ins. Co., No. 21 C 992, Memorandum Opinion and Order (N.D. Ill.… Continue reading Appraisal Ordered After Carrier Finds Loss Even if Cause Disputed
Connecticut Supreme Court Rules Matching of Materials Decided by Appraisers
Tred R. Eyerly | Insurance Law Hawaii The Connecticut Supreme Court determined that an appraisal panel could resolve whether the insurer must replace undamaged materials so that they match the damaged materials. Klass v. Liberty Mut. Ins. Co., 2022 Conn. LEXIS 2 (Conn. Jan. 11, 2022). The insured reported damage to the… Continue reading Connecticut Supreme Court Rules Matching of Materials Decided by Appraisers
Appraisal May Include Cause of Loss Issues
Tred R. Eyerly | Insurance Law Hawaii The federal district court determined that an appraisal can include causation issues when determining the amount of loss. B&D Inv. Grp., LLC v. Mid-Century Ins. Co., 2021 U.S. Dist. LEXIS 246853 (N.D. Ill. Dec. 28, 2021). B&D commercial building was damaged by hail. B&D submitted… Continue reading Appraisal May Include Cause of Loss Issues
Viewpoint: Is Appraisal an Arbitration? Yes and No. Maybe. Sort of.
George E. Reede, Jr. and Jessica E. Pak | Claims Journal Appraisal and arbitration are similar – and different. Are they so similar that appraisal can be called a form of arbitration, or are they so different that appraisal is a thing unto itself? And most important, the next time you contemplate demanding appraisal –… Continue reading Viewpoint: Is Appraisal an Arbitration? Yes and No. Maybe. Sort of.