Seventh Circuit Confirms that Appraisers May Determine Cause of Loss in Addition to Amount of Loss

Tred R. Eyerly | Insurance Law Hawaii     The Seventh Circuit affirmed the district court’s ruling that the appraisers appointed under the policy provisions to establish the amount of loss could also find the cause of the loss. Mesco Manufacturing, LLC v. Motorists Mut. Ins. Co., 2025 U.S. App. LEXIS 18598 (7th Cir. July 25,… Continue reading Seventh Circuit Confirms that Appraisers May Determine Cause of Loss in Addition to Amount of Loss

Insurer’s Attempt to Challenge Appraisal Award Rejected

Tred R. Eyerly | Insurance Law Hawaii     The insurer’s challenge to an appraisal award was rejected by the federal district court. Bogaerts v. State Farm Fire and Cas. Co., 2025 U.S. Dist. LEXIS 102170 (E.D. Mich. May 29, 2025).      The plaintiffs’ home was destroyed by fire. State Farm was notified of the… Continue reading Insurer’s Attempt to Challenge Appraisal Award Rejected

Insurer Waives Objection to Appraiser’s Partiality by Waiting Until Appraisal Issued

Tred R. Eyerly | Insurance Law Hawaii     The Eleventh Circuit affirmed the district court’s denial of the insurer’s objections on partiality grounds to the insured’s appraiser. Biscayne Beach Club Condominium Association, Inc. v. Westchester Surpus Lines Ins. Co., 2024 U.S. App. LEXIS 19663 (11th Cir. Aug. 6. 2024).     Storms damaged buildings at… Continue reading Insurer Waives Objection to Appraiser’s Partiality by Waiting Until Appraisal Issued

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

Court Rules Florida Insurer Can’t Object to Appraiser After the Award Is Decided

William Rabb | Claims Journal If a property insurer is going to object to an appraisal panel member’s fee arrangement, it must do so early in the process – not after the panel provides an unfavorable, multimillion-dollar appraisal award. That was the word this week from the U.S. 11th Circuit Court of Appeals in a… Continue reading Court Rules Florida Insurer Can’t Object to Appraiser After the Award Is Decided