Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit determined that the district court’s order compelling an appraisal was not an appealable order under 28 U.S.C. 1291. Positano Place at Naples I Condominium Assoc., Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 13416 (11th Cir. May 31, 2023). Empire… Continue reading Order Compelling Appraisal Is Not Final Appealable Order
Tag: Insurance Appraisals
Sixth District Court of Appeal Addresses the Scope of Appraisal
Denisse Ibarra and Nathaniel Tobin | Chartwell Law In a June 9, 2023 decision, the Sixth District Court of Appeal (“DCA”)[1] explained the role of an umpire during the appraisal process. The First Acceptance Ins. Co., Inc. v. At Home Auto Glass, LLC a/a/o Petra James trial court had limited the scope of appraisal when it ruled that… Continue reading Sixth District Court of Appeal Addresses the Scope of Appraisal
Issuing Judgment After Confirmation of Appraisal Award Overturned
Tred R. Eyerly | Insurance Law Hawaii The Florida Court of Appeal reversed and remanded the trial court’s judgment in favor of the insured because after confirming the appraisal award, judgment was issued before the insurer could offer policy defenses. State Farm Florida Ins. Co. v. Hochreiter, 2023 Fla. App. LEXIS 743 (Fla. Ct.… Continue reading Issuing Judgment After Confirmation of Appraisal Award Overturned
Court Denies Insured’s Motion to Dismiss Complaint Seeking to Compel Appraisal
Tred R. Eyerly | Insurance Law Hawaii The court denied the insured’s motion to dismiss after the insurer filed suit to compel an appraisal. Allied Trust Ins. Co. v. Tsang, 2023 U.S. Dist. LEXIS 352 (E.D. La. Jan. 3, 2023). The insureds reported damage to their property arising from Hurricane Ida. The… Continue reading Court Denies Insured’s Motion to Dismiss Complaint Seeking to Compel Appraisal
Judge Wants Fla. Adjuster Suspended, But Question Arises: Must Appraisers Be Licensed?
William Rabb | Insurance Journal A public adjuster that has been vilified by insurers for disrupting and delaying property inspections could soon be suspended for two years following a recommended order by an administrative law judge. But state regulators’ recommendations in the case have raised new and potentially far-reaching questions about whether appraisers must be… Continue reading Judge Wants Fla. Adjuster Suspended, But Question Arises: Must Appraisers Be Licensed?