Burns White In a dispute involving the appraisal provision of a residential insurance policy, the Eastern District of Pennsylvania granted an insurer’s motion to dismiss a breach of contract claim after finding that the insured’s claim was a dispute over the value of the loss, not a coverage dispute, and that the claim must proceed… Continue reading Appraisal Provision Enforced
Tag: Insurance Appraisals
Lights, Camera, Action: Florida Court Rules Insured Can Record Appraisal Inspection
Timothy Engelbrecht and Bret Freeman | Butler Weihmuller Katz Craig On July 7, 2021, Florida’s Fourth District Court of Appeal ruled that an insured may electronically record an insurer’s appraiser during an inspection of the insured’s property. The case is Silversmith v. State Farm Ins. Co., 2021 WL 2910240, 4D20-2685 (4th DCA July 7, 2021). The… Continue reading Lights, Camera, Action: Florida Court Rules Insured Can Record Appraisal Inspection
New Jersey Federal Court Holds That Insurance Coverage Issues Do Not Need To Be Decided Before Appraisal
Paul Fertland and Vincent Passarelli | Property Insurance Law Observer A federal court recently held that ongoing insurance coverage issues should not prevent an appraisal from going forward as per an appraisal clause in the insurance policy. In DC Plastic Products Corp. v. Westchester Surplus Lines Insurance Co. Case No. 17-13092 (D.N.J. May 19, 2021), the District… Continue reading New Jersey Federal Court Holds That Insurance Coverage Issues Do Not Need To Be Decided Before Appraisal
Appraisal Process Tolls Contractual Suit Limitation Period Even For Non-Covered Claims
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer The Eleventh Circuit Court of Appeals recently held that, under Georgia law, an appraisal process tolled a commercial property policy’s two-year contractual suit limitation period even for non-covered claims. In Omni Health Solutions, LLC v. Zurich Am. Ins. Co., No. 19-12406, 2021 WL 2025146 (11th… Continue reading Appraisal Process Tolls Contractual Suit Limitation Period Even For Non-Covered Claims
Federal District Court Declines Invitation to Set Scope of Appraisal
James M. Eastham | Traub Lieberman In Mt. Hawley Ins. Co. v. Harrods Eastbelt, Ltd., No. CV H-20-2405, 2020 WL 7632250 (S.D. Tex. Dec. 22, 2020), the United States District Court for the Southern District of Texas addressed a request to set the scope of an appraisal by requiring the appraisers to use a specific format… Continue reading Federal District Court Declines Invitation to Set Scope of Appraisal