Patrick Aul | Property Insurance Law Observer | March 22, 2018 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, Inc., 2018 WL 948601 (Col. Feb. 20, 2018). The Colorado Court of… Continue reading Can Insurance Appraisers Favor and Advocate For The Party That Selected Them?
Category: Insurance Appraisal
Can A Court Select An Umpire For An Appraisal Without Notice To One Of The Parties?
Edward Eshoo | Property Insurance Coverage Law Blog | March 4, 2018 Appraisal provisions in property insurance policies typically provide for a judge of a court of record in the state in which the insured property is located to select an umpire if the parties cannot agree upon one. What happens if one party fails… Continue reading Can A Court Select An Umpire For An Appraisal Without Notice To One Of The Parties?
Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award
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
“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