Kelly McKee | Kane Russell Coleman Logan A frequently encountered question in the insurance world is whether payment of an appraisal award forecloses or bars first party claims against an insurer by the insured, and if so, under what circumstances. The Texas Supreme Court has taken this matter up in numerous cases in the last… Continue reading The Payment Of Appraisal Awards – Not Quite A Bar
Tag: Appraisal Award
Payment of An Appraisal Award: Is There More?
Kay Morgan | Property Insurance Coverage Law Blog | September 19, 2019 The answer to the above question came, in part, on June 28, 2019, with the issuance of twin Texas Supreme Court opinions: Barbara Technologies Corporation v. State Farm Lloyds,1 and Ortiz v. State Farm Lloyds.2 The specific issue in these two decisions was what effect did an… Continue reading Payment of An Appraisal Award: Is There More?
Post-Lawsuit Payment of Appraisal Awards
Shane Smith | Property Insurance Coverage Law Blog | June 15, 2019 A recent Florida 4th District Court of Appeal decision, Bryant v. Geovera Specialty Insurance Company,1 addressed the issue of whether an insurance carrier’s payment of an appraisal award above a sublimit constituted a “confession of judgment.” The purpose of the confession of judgment doctrine, which… Continue reading Post-Lawsuit Payment of Appraisal Awards
After an Appraisal Award is Signed, Can One Side Unilaterally Change It?
J. Ryan Fowler | Property Insurance Coverage Law Blog | April 2, 2019 With appraisal becoming more popular in first-party insurance cases, I often get asked: When is the appraisal completed? As most answers for a first party insurance case – it depends on the policy. Recently a Federal District Court in Florida was asked to determine… Continue reading After an Appraisal Award is Signed, Can One Side Unilaterally Change It?
Texas Case Shows Clarity is Key in the Appraisal Process
Jennifer L. Gibbs and Michael C. Upshaw | Zelle | July 5, 2018 A recent Texas state appellate court decision confirms the importance of clarity in the appraisal process as to the issues being considered by an appraisal panel. In Texas Windstorm Insurance Association v. Dickinson Independent School District,[1] the 14th Court of Appeals in Houston… Continue reading Texas Case Shows Clarity is Key in the Appraisal Process