The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision

Colin T. Kemp and Colin Davis | Policyholder Pulse Policyholders, don’t lose track of the appraisal provision in your insurance policies. At least that is what the panel in 50 Exch. Terrace LLC v. Mt. Vernon Specialty Ins. Co. seemed to be saying. There, the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of policyholder-plaintiff’s case… Continue reading The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision

Policy Limits Vs. Property Damage: Lessons From Hurricane Ian

Jean-Paul Rudd | Adams & Adams Disputes often arise between insurers and policyholders regarding the value of insured property. Some of these disputes are resolved with little difficulty, as the value can be relatively easily established. For example, in cases where a storm causes partial damage to a home and its contents, the insured property… Continue reading Policy Limits Vs. Property Damage: Lessons From Hurricane Ian

Appraisal Panel Can Determine Causation of Loss Under Ohio Law

Tred R. Eyerly | Insurance Law Hawaii     The federal district court granted the insured’s motion to compel an appraisal that would include a determination of causation of the loss. Eagle Highland Owners Association v. State Farm Fire and Casualty Co., 2023 U.S. Dist. LEXIS 220937 (S.D. Ohio Dec. 12, 2023).     Plaintiff argued… Continue reading Appraisal Panel Can Determine Causation of Loss Under Ohio Law

The Appraisal Clause: What It Is, and When to Enforce It

Joseph Englert and Emma Leonelli | McGuireWoods The Appraisal Process Even when an insurer agrees to cover an insurance claim, disputes often arise between the insurer and the insured as to the valuation of the loss, particularly for claims under commercial property and business interruption policies.  In these circumstances, policyholders should consider whether and to… Continue reading The Appraisal Clause: What It Is, and When to Enforce It

Ala. Supreme Court Rules Appraisal Isn’t Arbitration, Dismisses Insurer’s Appeal

Jim Sams | Claims Journal A petition to invoke appraisal is not the same thing as a motion to compel arbitration, the Alabama Supreme Court ruled Friday. The high court dismissed an appeal by Great American Insurance Co. that sought to overturn a trial court’s order denying its motion to compel an appraisal in a dispute over… Continue reading Ala. Supreme Court Rules Appraisal Isn’t Arbitration, Dismisses Insurer’s Appeal

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