Kevin B. Dreher, Caroline Upton and Charles P. Edwards | Barnes & Thornburg Highlights The Florida Supreme Court reviewed whether an appraiser who entered into a contingency agreement with an insured homeowner can be considered “disinterested” under the terms of the policy Policyholders may wind up inadvertently punished for using industry standard contracts and risk… Continue reading Florida Policyholders Face New Hurdles In Dealing With The Appraisal Process
Tag: Insurance Appraiser
The Proper and Ethical Role of an Insurance Appraiser and Umpire
Advise & Consult For many of you reading this, the roles of an insurance appraiser and an umpire sound pretty straight forward, but we will see that this isn’t necessarily so. One could say that the appraisers role to be to determine the amount of the loss. Here is what the standard appraisal clause states:… Continue reading The Proper and Ethical Role of an Insurance Appraiser and Umpire
Insurers Challenging Awards When Appraisers’ ‘Disinterest’ in Question
Claims Journal Insurers created the appraisal process to provide an efficient way to resolve disputes outside of the courtroom using disinterested experts, but lately insurer skepticism about appraiser impartiality has become a new source of litigation. Insurance defense attorneys are increasingly likely to challenge appraisal awards that they believe are tainted by appraisers who are… Continue reading Insurers Challenging Awards When Appraisers’ ‘Disinterest’ in Question
Policyholder Permitted to Videotape Appraisal
Maria Louise (Ria) Cousineau | Property Insurance Law Observer In Silversmith v State Farm Insurance Company, 2021 W.L. 2910240 (Fla. 4th DCA July 7, 2021), Florida’s Fourth District Court of Appeal ruled that policyholders may openly videotape an inspection by the insurance company appraiser, despite the state’s “two-party consent law.” The court held that an appraiser… Continue reading Policyholder Permitted to Videotape Appraisal
New Florida Case Alert: Retained Public Adjuster Was Not “Disinterested” Appraiser
James Chin and Jocelyn Demars | Zelle LLP | August 29, 2019 First-party property policies typically include appraisal provisions requiring each party to appoint a “disinterested” or “impartial” appraiser. A Florida appellate court recently addressed the question of what makes a potential appraiser “disinterested” in a case involving a Hurricane Irma claim. Florida’s Third District… Continue reading New Florida Case Alert: Retained Public Adjuster Was Not “Disinterested” Appraiser