Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit recently held that the district court’s order compelling appraisal and staying the proceedings pending appraisal was an interlocutory order that was not immediately appealable under 28 U.S.C. 1292 (a) (1). Positano Place at Naples Condominium Association, Inc. v. Empire Indem. Ins. Co., 2023 U.S.… Continue reading Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal
Category: Insurance Appraisal
Ala. Supreme Court Rules Appraisal Isn’t Arbitration, Dismisses Insurer’s Appeal
Jim Sams | Claims Journal A petition to invoke appraisal is not the same thing as a motion to compel arbitration, the Alabama Supreme Court ruled Friday. The high court dismissed an appeal by Great American Insurance Co. that sought to overturn a trial court’s order denying its motion to compel an appraisal in a dispute over… Continue reading Ala. Supreme Court Rules Appraisal Isn’t Arbitration, Dismisses Insurer’s Appeal
Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims
Tred R. Eyerly | Insurance Law Hawaii The trial court’s order granting the insured’s motion to stay litigation and compel an appraisal was affirmed even though the insurer had not determined coverage on the insured’s additional claims.Heritage Prop. & Cas. Ins. Co. v. Wellington Place HOA, 2023 Fla. App. LEXIS 6405 (Fla. Ct.… Continue reading Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims
Appraisal Request Found Inappropriate When Causation at Issue
Tred R. Eyerly | Insurance Law Hawaii The court denied a motion to compel an appraisal upon determining the cause of the loss was still at issue. QBE Sec. Ins. Co., et al. v. The Enclave at Oak Hill Owners Association, 2023 U.S. Dist. LEXIS 107040 (S.D. Ala. June 21, 2023). … Continue reading Appraisal Request Found Inappropriate When Causation at Issue
Fla. Public Adjusters Can’t Act as Appraisers if Fees Exceed Statutory Cap
William Rabb | Claims Journal Public adjusters cannot double as appraisers in claims disputes if their total fees exceed the statutory cap, a Florida appeals court decided Wednesday in what may be seen as another win in property insurers’ long battle against tactics allegedly employed by some public adjusters. The decision in Monarch Claims Consultants… Continue reading Fla. Public Adjusters Can’t Act as Appraisers if Fees Exceed Statutory Cap