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
Tag: Appraisal Award
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
Texas Supreme Court Finds Payment of Appraisal Award Does Not Absolve Insurer of Statutory Liability
Allison Griswold and Sarah Smith | Lewis Brisbois The Texas Supreme Court recently published its long-awaited decision in the Hinojos v. State Farm Lloyds. In it, the court affirmed its holding in Barbara Technologies, finding that payment of an appraisal award does not absolve an insurer of statutory liability when the insurer accepts a claim but pays… Continue reading Texas Supreme Court Finds Payment of Appraisal Award Does Not Absolve Insurer of Statutory Liability
The Payment Of Appraisal Awards – Not Quite A Bar
Kelly McKee | Kane Russell Coleman Logan A frequently encountered question in the insurance world is whether payment of an appraisal award forecloses or bars first party claims against an insurer by the insured, and if so, under what circumstances. The Texas Supreme Court has taken this matter up in numerous cases in the last… Continue reading The Payment Of Appraisal Awards – Not Quite A Bar
Payment of An Appraisal Award: Is There More?
Kay Morgan | Property Insurance Coverage Law Blog | September 19, 2019 The answer to the above question came, in part, on June 28, 2019, with the issuance of twin Texas Supreme Court opinions: Barbara Technologies Corporation v. State Farm Lloyds,1 and Ortiz v. State Farm Lloyds.2 The specific issue in these two decisions was what effect did an… Continue reading Payment of An Appraisal Award: Is There More?