Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel | March 1, 2018 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 opposition to a petition to confirm the… Continue reading Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award
Category: Insurance Appraisal
“Like Kind and Quality” Is an Appraisable Issue
Christina Phillips | Property Insurance Coverage Law Blog | December 3, 2017 Following a loss, the issue of replacement with “like kind and quality” often arises whether it be with the replacement of personal property or building materials. The phrase “like kind and quality” is typically not defined in an insurance policy, so whether construction… Continue reading “Like Kind and Quality” Is an Appraisable Issue
If You Believe Your Appraisal Award Is Wrong – You Might Be Right
Jeff Zane | Property Insurance Coverage Law Blog | November 13, 2017 In theory, the appraisal process is intended to provide an efficient means of determining the cost to repair or replace damaged property. It is also intended to have a degree of finality – once the appraisal panel determines the amount of damages, the… Continue reading If You Believe Your Appraisal Award Is Wrong – You Might Be Right
An Appraiser Can Favor One Side More than the Other and Still Be Impartial
Christina Phillips | Property Insurance Coverage Law Blog | August 26, 2017 The typical appraisal provision in an insurance policy requires that each party select a competent and impartial appraiser. However, what impartial means is usually undefined in the policy. Does advocacy on behalf of your appointed party mean you are not impartial? That question was recently… Continue reading An Appraiser Can Favor One Side More than the Other and Still Be Impartial
Eighth Circuit Agrees: Pre-Award Interest on Appraisal Award is Appropriate
Christina Phillips | Property Insurance Coverage Law Blog | August 9, 2017 I recently wrote about the case of Poehler v. Cincinnait Insurance Company,1 in which the Minnesota Supreme Court recently held that Minnesota Statute section 549.09 provides for pre-interest on insurance appraisal awards. Following this decision, the Eighth Circuit Court of Appeals in Housing and Redevelopment Authority of Redwood… Continue reading Eighth Circuit Agrees: Pre-Award Interest on Appraisal Award is Appropriate