Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit determined it lacked appellate jurisdiction over an order issued by the district court compelling an appraisal. Breakwater Commons Ass’n, Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 14459 (11th Cir. June 9, 2023). Following Hurricane Irma, Breakwater Commons Association filed a… Continue reading Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal
Tag: insurance appraisal
Trial Court Abuses Discretion in Appointing Unqualified Umpire for Appraisal
Tred R. Eyerly | Insurance Law Hawaii The Texas Court of Appeals agreed with the insurer that the trial court abused its discretion in appointing an attorney as umpire in a property damage dispute. In re State Farm Lloyds, 2023 Tex. App. LEXIS 966 (Tex. Ct. App. Feb. 15, 2023). The insured… Continue reading Trial Court Abuses Discretion in Appointing Unqualified Umpire for Appraisal
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
Colorado Supreme Court Decision Could Tarnish Appraisal Process for Policyholders
Michael V. Pepe | SDV Insights | July 23, 2019 On June 24, 2019, the Colorado Supreme Court ruled that the plain language of appraisal provisions in insurance policies, requiring “impartial appraisers,” direct appraisers to be “unbiased, disinterested, and unswayed by personal interest,” regardless of who hires them, and prohibits the party-appointed appraisers from acting… Continue reading Colorado Supreme Court Decision Could Tarnish Appraisal Process for Policyholders
Texas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims Act
John C. Eichman and Grayson L. Linyard | Hunton Andrews Kurth | July 3, 2019 In two cases decided June 28, 2019, the Texas Supreme Court held that an insurer’s invocation of a contractual appraisal provision after denying a claim does not as a matter of law insulate it from liability under the Texas Prompt… Continue reading Texas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims Act