News & Analysis as of

Property Insurance Insurance Industry Appraisal

Offit Kurman

Not Properly Insuring a Collection

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Accidents happen—whether a piece of artwork or a collectible is damaged in shipping, affected by fire or water or even knocked over by Steve Wynn’s elbow. Having the right insurance in place can help mitigate financial losses...more

Zelle  LLP

The Zelle Lonestar Lowdown Issue 21 - January 2025

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Welcome to the first 2025 edition of the Zelle Lonestar Lowdown! Our theme this year is Collaboration. We recognize that we are not an island in this industry and our clients, and ultimately the property owners, best benefit...more

Marshall Dennehey

Ohio Supreme Court Finds that Hidden Damage Discovered After Appraisal Was Completed and Repairs Commenced May Still Be...

Marshall Dennehey on

One Church v. Brotherhood Mut. Ins. Co., 2024-Ohio-1601 - The plaintiff was insured by the defendant insurance company for property damage to its building, which sustained wind damage in a storm on February 24, 2019. The...more

Cozen O'Connor

When the Appraisal Says One Thing, But the Policy Says Another: A Florida Insurance Case Study

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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...more

McGuireWoods LLP

The Appraisal Clause: What It Is, and When to Enforce It

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The Appraisal Process Even when an insurer agrees to cover an insurance claim, disputes often arise between the insurer and the insured as to the valuation of the loss, particularly claims under commercial property and...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - December 2023

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Jason Brand made a claim for disability benefits under his disability policy with Principal Life Insurance Company on the basis that he was totally disabled by extreme anxiety that began in July 2014 after a warrant was...more

Cozen O'Connor

Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered

Cozen O'Connor on

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...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - July 27, 2023

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Southern District Holds That Contractor’s Carrier Has Duty To Defend ConEd Even Though Contractor’s Work Ended Months Before The Accident-A pedestrian tripped and fell on a Bronx sidewalk, and she sued the owner of the...more

BakerHostetler

Insurance Class Action Update - 2023 Q1

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This year began like the last one ended, with lots of activity. Total loss class actions kept going around the country, and labor depreciation class actions experienced ups and downs, depending on one’s viewpoint. New class...more

Cozen O'Connor

Accepting Coverage for Part of a Claim May Subject an Insurer to the Appraisal Process Under Tennessee Law

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Accepting coverage for part of a claim may subject an insurer to a policy’s appraisal process when the extent of covered damage is in dispute, according to a recent ruling issued by the Eastern District of Tennessee....more

Zelle  LLP

Conn. Ruling Widens Scope Of Property Insurance Appraisals

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Property insurance policies commonly provide for an appraisal process to resolve disputes over the amount of loss. But as industry professionals know all too well, the meaning of "amount of loss" is often disputed, and courts...more

Jaburg Wilk

What is an Appraisal?

Jaburg Wilk on

When the insured and insurer disagree on the amount of a particular loss, an appraiser can help settle the matter. Partner and insurance attorney Nate Meyer explains an appraiser's role in this video. ...more

Zelle  LLP

[Webinar] Managing Insurance Claims in the Wake of Catastrophes - July 22nd-26th, 10:00am CT, 16:00 GMT

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Zelle LLP invites you to join us for a week of webinars featuring insurance topics that are of critical importance to adjusters and insurance professionals. This series will cover managing insurance claims in the wake of...more

Zelle  LLP

Puerto Rico’s Newly Required Expedited Payment Process for Property Insurance Policies

Zelle LLP on

In our recent article addressing property insurance in Puerto Rico, we discussed the new appraisal rules for Puerto Rico property insurers that the governor of Puerto Rico enacted in response to the extremely active 2017...more

Cozen O'Connor

Can Insurance Appraisers Favor and Advocate For The Party That Selected Them?

Cozen O'Connor on

This is a question the Colorado Supreme Court is set to resolve after recently granting Owners Insurance Company’s petition for writ of certiorari in Owners Insurance Company v. Dakota Station II Condominium Association,...more

Haight Brown & Bonesteel LLP

Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award

In Khorsand v. Liberty Mutual Fire Ins. Co. (No. B280273, filed 2/27/18), a California appeals court affirmed an appraisal award favorable to a homeowners insurer, ruling that it was improper to admit as evidence in...more

Saul Ewing LLP

Texas Appellate Court Confirms that Insurer’s Payment of Appraisal Award Precludes Common Law and Statutory Bad Faith Claims

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Ortiz v. State Farm Lloyds, No. 04-17-00252-CV, 2017 WL 5162315 (Tex. Ct. App. Nov. 8, 2017). Oscar Ortiz submitted a claim to State Farm for damage to his property resulting from wind and a hailstorm. After inspecting the...more

Butler Weihmuller Katz Craig LLP

Hurricane Hindsight is 20/20

It took years of depositions and other discovery to realize that that most of my 2004-2005 hurricane condominium association claims were much simpler to defend than I thought. The center of gravity of these claims was the...more

Robinson+Cole Property Insurance Coverage...

Appraisal Award Unenforceable Where Suit Limitation Period Expired Prior To Filing Suit: New York County Dismisses Storm Sandy...

Suit limitation provisions in insurance policies shorten the statutory period of time that a plaintiff may bring a suit against an insurer for certain causes of action. A New York court recently held that an appraisal award...more

Butler Weihmuller Katz Craig LLP

2017 Florida State Legislature to Consider Bills Aimed at Assignments of Benefits, Water Losses, Appraisers, and Umpires

The 2017 Florida Legislative Session convened on March 7. Of particular interest to property insurers are the following bills, which we are closely watching: SB 944, proposing licensing requirements upon appraisers and...more

Zelle  LLP

Appraisal is an Appraisal is an Appraisal, Except in Mass.

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Like Gertrude Stein’s “rose”, an appraisal is an appraisal is an appraisal except in Massachusetts. Massachusetts’ version of appraisal is a statutory process named “reference.” Although a reference proceeding is very similar...more

Cozen O'Connor

Don’t Mess with the Texas Prompt Payment of Claims Act: One Court’s Appraisal Result

Cozen O'Connor on

Virtually all property insurance policies contain an appraisal clause, which outlines the appraisal procedure in broad terms. Those broad terms sometimes do not provide much guidance about the process, or about the effect...more

Carlton Fields

2015 Florida Legislative Post-Session Report

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Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more

Burr & Forman

Dodd-Frank News: June 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

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The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

Cozen O'Connor

Pennsylvania Court Addresses What Is a Coverage Dispute for Appraisal Purposes

Cozen O'Connor on

Last month, a Pennsylvania federal court rejected the notion that a dispute over whether an admittedly covered occurrence necessitated repair of certain discrete portions of the damaged structure was a coverage dispute,...more

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