Heidi Hudson Raschke | PropertyCasualtyFocus | April 21, 2017 Courts will generally uphold reasonable suit limitation periods in property insurance policies, if the insurer does not affirmatively waive or extend them. In MZM Real Estate Corp. v. Tower Ins. Co. of New York, No. 452741/2015 (N.Y. Sup. Ct. April 11, 2017), a New York court… Continue reading New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit
Tag: Appraisal
Invoking Appraisal: “When You Have to Shoot…Shoot”
Patrick McGinnis | Property Insurance Coverage Law Blog | April 21, 2016 What constitutes invoking appraisal? Does a carrier’s refusal to go to appraisal rise to the level of breach of contract? East Richardson Baptist Church v. Philadelphia Indemnity Insurance Company,1 from the Dallas Court of Appeals, is an interesting case. The Church filed a… Continue reading Invoking Appraisal: “When You Have to Shoot…Shoot”
Setting Aside Appraisal Awards: One Sauce for the Goose and One Sauce for the Gander
Patrick McGinnis | Property Insurance Coverage Law Blog | March 23, 2016 In Texas the general rule seems to be that either the insurance company or the policyholder may invoke the appraisal clause (before or after suit is filed). After the award both parties are generally bound by the award, unless they can prove the… Continue reading Setting Aside Appraisal Awards: One Sauce for the Goose and One Sauce for the Gander
New Appraisal Clauses Change Appraisal
Chip Merlin | Property Insurance Coverage Law Blog | January 27, 2016 State Farm and Farmers have created new property insurance policy forms which significantly change the rules of appraisal. One of the trends of insurance coverage is that new policies are not being written with standard language, where years of case law have interpreted… Continue reading New Appraisal Clauses Change Appraisal
Courts are for Coverage; Appraisals are for Amount
Katelyn Mae Desrosiers | Butler Weihmuller Katz Craig LLP | December 10, 2015 When insurers dispute coverage, rather than the amount of loss, a court is the appropriate decision maker to resolve the coverage issue. However, when an insurer finds coverage, but disputes the amount of loss, appraisal is the appropriate venue to determine a… Continue reading Courts are for Coverage; Appraisals are for Amount