Tom Oster | Harris Bricken Over the years, “Alternative Dispute Resolution” (ADR) has become more and more prevelant in both contract drafting as well as litigation. Far from being an “alternative,” most disputes at some point will involve some degree of ADR, whether required by contract, by the courts, or driven by the costs of… Continue reading Alternative Dispute Resolution: Mediation, Arbitration, and Appraisal
Tag: Appraisal
Appraisal Appropriate Despite Pending Coverage Issues
Tred R. Eyerly | Insurance Law Hawaii The court granted the insured’s motion for partial summary judgment, allowing an appraisal to go forward even with outstanding coverage issues in dispute. DC Plastic Products Corp. v. Westchester Surplus Lines Ins. Co., 2021 U,.S. Dist. LEXIS 95908 (D. N.J. May 19, 2021). DC Plastic’s… Continue reading Appraisal Appropriate Despite Pending Coverage Issues
Property Valuations In Uncertain Times
Adam Levine | Ostrow Reisin Berk & Abrams Valuation plays a critical role in real estate, from appraisals for residential mortgages to the sales of commercial real estate. But the COVID-19 crisis and resulting economic uncertainty pose some challenges for valuation experts across the country. Limited physical access Site visits have long been an integral… Continue reading Property Valuations In Uncertain Times
Policy Language Expressly Prohibits Replacement of Undamaged Material to Match Damaged Material
Tred R. Eyerly | Insurance Law Hawaii Construing an all-risk Businessowners Policy, the court found that the policy language did not required replacement of undamaged material match materials that were damaged. Pleasure Creek Townhomes Homeowners’ Ass’n v. Am. Family Ins. Co., 2019 Minn. App. Unpub. LEXIS 1095 (Minn. Ct. App. Nov. 25, 2019). … Continue reading Policy Language Expressly Prohibits Replacement of Undamaged Material to Match Damaged Material
Insured’s Prejudgment Interest Award Runs From Date Appraisal Was Demanded
Christina Phillips | Property Insurance Coverage Law Blog | September 3, 2019 Dewey Hill owned eight townhome buildings in Minnesota insured by Auto-Owners.1 On August 16, 2013, a hail and windstorm damaged the buildings. Three days later, Dewey Hill notified Auto-Owners of the loss and submitted written property loss notices ten days later. Auto-Owners investigated the… Continue reading Insured’s Prejudgment Interest Award Runs From Date Appraisal Was Demanded