Brennah S. Toomey | Phelps Dunbar A Florida appellate court held that the trial court erred in entering final judgment enforcing an appraisal award that included damages excluded under the insureds’ policy. State Farm Fla. Ins. Co. v. Orlinda Gonzales and Harmodio Diaz, No. 2D20-1268, 46 Fla. L. Weekly D2168a, 2021 Fla. App. LEXIS 13541 (Fla.… Continue reading Florida Appellate Court Holds Insurer Does Not Waive Coverage Position By Invoking Appraisal
Tag: Insurance Appraisals
Tenth Circuit Finds Appraisal Can Decide Causation of Loss Under Colorado Law
Tred R. Eyerly | Insurance Law Hawaii The Tenth Circuit determined that the Colorado Supreme Court would agree with other state courts that appraisers can decide the causation of a loss. Bonbeck Parker, LLC v. The Travelers Indem. Co. of Am., 2021 U.S. App. LEXIS 29607 (10th Cir. Oct. 1, 2021). A… Continue reading Tenth Circuit Finds Appraisal Can Decide Causation of Loss Under Colorado Law
Florida Appellate Court Rejects Third Party’s Attempt to Rewrite Appraisal Clause in Property Insurance Policy
PropertyCasuualtyFocus On November 10, 2021, Florida’s Fourth District Court of Appeal weighed in on a matter involving the interpretation of an appraisal clause for resolving disputes regarding the amount due for covered loss in First Call 24/7, Inc. v. Citizens Property Insurance Corp. In July 2018, Citizens Property Insurance insured a piece of property owned by… Continue reading Florida Appellate Court Rejects Third Party’s Attempt to Rewrite Appraisal Clause in Property Insurance Policy
The Continued Question Of Disinterested Appraisers For Florida Appraisals
William Collum and Michael Rainey | Butler Weihmuller Katz Craig In most circumstances involving an insurer’s extension of coverage for a property loss, an appraisal provision in an insurance policy provides an insured and an insurer a mechanism by which to resolve disagreements regarding the amount owed for that loss. If invoked, each party appoints… Continue reading The Continued Question Of Disinterested Appraisers For Florida Appraisals
Tenth Circuit Rules Against Insurer and Decides That Appraisers Can Decide Causation
Karl Schulz | Cozen O’Connor In the continuing saga of what can and cannot be appraised in a property insurance appraisal, the Tenth Circuit, in contrast to many other courts, has ruled appraisers can determine coverage issues. In Bonbeck Parker, LLC v. Travelers Indem. Co. of Am., 2021 U.S. App. LEXIS 29607 (10th Cir. October 1,… Continue reading Tenth Circuit Rules Against Insurer and Decides That Appraisers Can Decide Causation