Ashley Smith – October 6, 2013 While the appraisal procedure is commonly used in property insurance claims, the proper scope of appraisal is often contested. Courts across the country generally agree that coverage determinations are reserved only to the courts. However, courts are divided on whether determinations of causation should be considered by the appraisal… Continue reading The Scope of Appraisal: Does It Include Causation?
Tag: Appraisal
Certain Coverage Disputes Under New York Law May Not Prevent An Appraisal Demand
Shaun Marker – June 17, 2013 Under New York law, certain coverage disputes may not prevent appraisal. You may have heard the general rule that issues involving coverage disputes under an insurance policy are purely legal issues that should not be determined by an appraisal panel. Appraisal in the property insurance context is meant to… Continue reading Certain Coverage Disputes Under New York Law May Not Prevent An Appraisal Demand
Appraisal and Bad Faith in New Jersey
Robert Trautmann – June 2, 2013 Many know that I previously worked for a major national insurer in their staff counsel office. Now, I am fortunate to practice law at the Merlin Law Group. One of the best parts about practicing law in this environment is that I am surrounded by the best minds in… Continue reading Appraisal and Bad Faith in New Jersey
An Appraisal Award Satisfies the Favorable Resolution Requirement Making a Bad Faith Claim Ripe : Property Insurance Coverage Law Blog
Larry Bache – May 23, 2013 In Florida, an insured cannot file a bad faith action against his or her carrier without first resolving the underlying claim. Specifically, there needs to be a determination of liability and a determination as to the amount of the loss. This requirement is referred to as the “Favorable Resolution… Continue reading An Appraisal Award Satisfies the Favorable Resolution Requirement Making a Bad Faith Claim Ripe : Property Insurance Coverage Law Blog
Florida Second DCA Rules That Payment Of Appraisal Award Satisfies The “Favorable Resolution” Requirement For A Bad Faith Action
Ben Adams – April 19, 2013 In Florida, bad-faith actions against insurers pursuant to Section 624.155 cannot be brought until (1) the insured files a civil remedy notice (CRN) accepted by Florida’s Department of Financial Services; and (2) the underlying breach of contract lawsuit is “resolved in the insured’s favor.” See Blanchard v. State Farm Mut.… Continue reading Florida Second DCA Rules That Payment Of Appraisal Award Satisfies The “Favorable Resolution” Requirement For A Bad Faith Action