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
Tag: Appraisal
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
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
Florida Appeals Court Reverses Appraisal Ordered In Storm Suit
Tiffany Bustamante O’Quinn and Alycen A. Moss | Property Insurance Law Observer On July 20, 2022, Florida’s Third District Court of Appeal reversed and remanded a trial court’s decision compelling the parties to proceed with appraisal and staying litigation until that appraisal was completed. Florida’s appellate court held that trial court erred in granting the… Continue reading Florida Appeals Court Reverses Appraisal Ordered In Storm Suit
Connecticut Supreme Court Rules Matching of Materials Decided by Appraisers
Tred R. Eyerly | Insurance Law Hawaii The Connecticut Supreme Court determined that an appraisal panel could resolve whether the insurer must replace undamaged materials so that they match the damaged materials. Klass v. Liberty Mut. Ins. Co., 2022 Conn. LEXIS 2 (Conn. Jan. 11, 2022). The insured reported damage to the… Continue reading Connecticut Supreme Court Rules Matching of Materials Decided by Appraisers