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
Category: Insurance Appraisal
Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain
Gabrielle Wright | Marshall Dennehey Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass’n, Inc., SC2021-0883, 2024 WL 369079 (Fla. 2024) The defendant, San Marco, filed a property claim with its insurer, American Coastal, for damage sustained to its property after Hurricane Irma. American Coastal paid San Marco for the claimed damage. Thereafter, San… Continue reading Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain
Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes
Noah Prosser | Marshall Dennehey On February 1, 2024, the Supreme Court of Florida issued its opinion in American Coastal Ins. Co. v. San Marco Villas Condominium Ass’n, Inc., 2024 WL 369079 (Fla. 2024), to address a persisting conflict on the timing of appraisal. The specific conflict centered around whether a trial court could compel appraisal… Continue reading Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes
Appraisal Panel Can Determine Causation of Loss Under Ohio Law
Tred R. Eyerly | Insurance Law Hawaii The federal district court granted the insured’s motion to compel an appraisal that would include a determination of causation of the loss. Eagle Highland Owners Association v. State Farm Fire and Casualty Co., 2023 U.S. Dist. LEXIS 220937 (S.D. Ohio Dec. 12, 2023). Plaintiff argued… Continue reading Appraisal Panel Can Determine Causation of Loss Under Ohio Law
Florida High Court Says Appraisals Can Be Compelled Before Coverage Decided
William Rabb | Insurance Journal The Florida Supreme Court has resolved a conflict between differing appeals court decisions, deciding that property insurers can be compelled to submit to the appraisal process long before causation, coverage and misrepresentation issues are settled in claims disputes. “For the reasons explained below, we approve the Second District’s decision and… Continue reading Florida High Court Says Appraisals Can Be Compelled Before Coverage Decided