Marheldondria Johnson | Zelle In Frederich v. Trisura Specialty Ins. Co., the 5th Circuit affirmed the granting of Trisura’s Motion for Summary Judgment. That judgement was based on the insurer’s payment of an appraisal award plus interest. The court found this foreclosed the Insured’s extra contractual claims. Frederich v. Trisura Specialty Ins. Co., No. 24-40748, 2025 WL 2840272 (5th… Continue reading One Dip and Done: Summary Judgment as a Shield Against Costly Double Dipping Claims
Tag: Appraisal Award
When the Appraisal Says One Thing, But the Policy Says Another: A Florida Insurance Case Study
Tiffany Bustamante | Property Insurance Law Observer In a recent decision by the U.S. District Court for the Middle District of Florida, Wood v. GeoVera Specialty Insurance Company (2024 WL 3952571), the court affirmed that unambiguous policy limits remain enforceable even when an appraisal award exceeds those limits. This decision provides valuable guidance for insurers handling post-catastrophe claims.… Continue reading When the Appraisal Says One Thing, But the Policy Says Another: A Florida Insurance Case Study
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
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
Florida Appellate Court Holds Insurer Does Not Waive Coverage Position By Invoking Appraisal
Brennah S. Toomey | Phelps Dunbar A Florida appellate court held that the trial court erred in entering final judgment enforcing an appraisal award that included damages excluded under the insureds’ policy. State Farm Fla. Ins. Co. v. Orlinda Gonzales and Harmodio Diaz, No. 2D20-1268, 46 Fla. L. Weekly D2168a, 2021 Fla. App. LEXIS 13541 (Fla.… Continue reading Florida Appellate Court Holds Insurer Does Not Waive Coverage Position By Invoking Appraisal