Burns White In a dispute involving the appraisal provision of a residential insurance policy, the Eastern District of Pennsylvania granted an insurer’s motion to dismiss a breach of contract claim after finding that the insured’s claim was a dispute over the value of the loss, not a coverage dispute, and that the claim must proceed… Continue reading Appraisal Provision Enforced
Tag: Appraisal Provision
Federal District Court Declines Invitation to Set Scope of Appraisal
James M. Eastham | Traub Lieberman In Mt. Hawley Ins. Co. v. Harrods Eastbelt, Ltd., No. CV H-20-2405, 2020 WL 7632250 (S.D. Tex. Dec. 22, 2020), the United States District Court for the Southern District of Texas addressed a request to set the scope of an appraisal by requiring the appraisers to use a specific format… Continue reading Federal District Court Declines Invitation to Set Scope of 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?