Claims Journal If an insurer wants confirmation by a court that an appraisal is inappropriate, it needs to file a request for declaratory judgment before denying the appraisal request, an Illinois appellate panel ruled Monday. A panel with the 3rd District of the Illinois Appellate Court affirmed a county judge’s decision to dismiss a lawsuit filed by… Continue reading Insurer That Denied Appraisal Can’t Seek Declaration That it Made the Right Choice
Tag: Insurance Appraisals
Insurers Challenging Awards When Appraisers’ ‘Disinterest’ in Question
Claims Journal Insurers created the appraisal process to provide an efficient way to resolve disputes outside of the courtroom using disinterested experts, but lately insurer skepticism about appraiser impartiality has become a new source of litigation. Insurance defense attorneys are increasingly likely to challenge appraisal awards that they believe are tainted by appraisers who are… Continue reading Insurers Challenging Awards When Appraisers’ ‘Disinterest’ in Question
Accepting Coverage for Part of a Claim May Subject an Insurer to the Appraisal Process Under Tennessee Law
Elliot Kerzner and Alycen A. Moss | Property Insurance Law Observer Accepting coverage for part of a claim may subject an insurer to a policy’s appraisal process when the extent of covered damage is in dispute, according to a recent ruling issued by the Eastern District of Tennessee. In Morrow v. State Farm Fire & Cas.… Continue reading Accepting Coverage for Part of a Claim May Subject an Insurer to the Appraisal Process Under Tennessee Law
Appraisal Ordered After Carrier Finds Loss Even if Cause Disputed
Tred R. Eyerly | Insurance Law Hawaii The court ordered an appraisal when the parties differed on the amount of loss to the dwelling even when the carrier contended the dispute was over the cause of the loss. Khaleel v Amguard Ins. Co., No. 21 C 992, Memorandum Opinion and Order (N.D. Ill.… Continue reading Appraisal Ordered After Carrier Finds Loss Even if Cause Disputed
Appraisal May Include Cause of Loss Issues
Tred R. Eyerly | Insurance Law Hawaii The federal district court determined that an appraisal can include causation issues when determining the amount of loss. B&D Inv. Grp., LLC v. Mid-Century Ins. Co., 2021 U.S. Dist. LEXIS 246853 (N.D. Ill. Dec. 28, 2021). B&D commercial building was damaged by hail. B&D submitted… Continue reading Appraisal May Include Cause of Loss Issues