Alexander Masotto | Zelle The Southern District of Texas recently denied an insured’s Motion to Set Aside the Appraisal Award after the Appraisal Panel considered causation relating to the damages claimed by the insured. In Rios v. Homesite Insurance Company, et al, No. 5:23-CV-00006, 2024 WL 4984446 (S.D. Tex. Sept. 26, 2024), the insured filed a… Continue reading Appraisal Panel Acted Within its Rights when Considering Causation
Category: Insurance Appraisal
Policy Limits Vs. Property Damage: Lessons From Hurricane Ian
Jean-Paul Rudd | Adams & Adams Disputes often arise between insurers and policyholders regarding the value of insured property. Some of these disputes are resolved with little difficulty, as the value can be relatively easily established. For example, in cases where a storm causes partial damage to a home and its contents, the insured property… Continue reading Policy Limits Vs. Property Damage: Lessons From Hurricane Ian
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