Edward Eshoo | Property Insurance Coverage Law Blog | August 10, 2019 Last year in one of my blogposts, I wrote about Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 and the issue whether appraisal is appropriate to resolve a dispute over the cost of repairing physically undamaged siding of townhome buildings to remedy a mismatch… Continue reading The Seventh Circuit Court of Appeals Weighs In On “Matching”
Tag: Insurance Appraisals
The Policyholder’s Public Adjuster Cannot Be the Policyholder’s Appraiser
Chip Merlin and Etienne Font | Property Insurance Coverage Law Blog | August 3, 2019 The Florida Third District Court of Appeals recently held that the policyholder’s public adjuster cannot be the policyholder’s appraiser.1 This decision will have a major impact on appraisals because many public adjusters act as their own appraisers. It should be assumed… Continue reading The Policyholder’s Public Adjuster Cannot Be the Policyholder’s Appraiser
Texas Supreme Court Clarifies Bad Faith in Appraisal Process
Jim Sams | Claims Journal | July 2, 2019 An insurer’s payment of the appraisal value after disputing a claim does not establish that it was liable, nor does that payment prevent a policyholder from pursuing penalties under the Prompt Payment of Claims Act, a split Texas Supreme Court ruled in a pair of decisions… Continue reading Texas Supreme Court Clarifies Bad Faith in Appraisal Process
Appraisal and the Impartiality of Appraisers
Timothy Burchard | Property Insurance Coverage Law Blog | July 6, 2019 Recently, the Colorado Supreme Court issued its opinion in Owners Ins. Co. v. Dakota Station II Condominium Association,1 on appraiser impartiality. Specifically, the court discussed the meaning and interpretation of impartiality under the insurance policy and whether a contingent-cap fee agreement between the appraiser and Dakota Station rendered… Continue reading Appraisal and the Impartiality of Appraisers
Does Payment of an Appraisal Award Wipe Out Claims Handling Insurance Code Violations?
J. Ryan Fowler | Property Insurance Coverage Law Blog | July 5, 2019 The Texas Supreme Court recently answered the question above in two cases with different results depending on what type of insurance code violations the insured is alleging. The court addressed Texas Insurance Code chapter 542 violations (often called prompt payment of claims)… Continue reading Does Payment of an Appraisal Award Wipe Out Claims Handling Insurance Code Violations?