Janine Stanisz | Policyholder Pulse Blog Even if an insurance company attempts to deny its coverage obligations, there are still processes that a policyholder can explore, short of litigation, that could resolve a coverage dispute. Appraisal is an alternative dispute resolution process designed to efficiently resolve measurement disputes between policyholders and their insurers. Appraisal can streamline a… Continue reading Appraisal May Be a Viable Option for Policyholders When Damages Calculations Are Contested
Tag: Insurance Appraisals
Contractual Impartiality Requires an Appraiser to be Unbiased, Disinterested, and Unswayed by Personal Interest
Frank Ingham | Colorado Construction Litigation On June 24, 2019, the Colorado Supreme Court held that when a contract or insurance policy requires an “impartial” appraisal, the appraiser for a party cannot be an advocate for that party.[1] In this situation, the appraiser must be unbiased, disinterested, without prejudice, and unswayed by personal interest. Id. Owners… Continue reading Contractual Impartiality Requires an Appraiser to be Unbiased, Disinterested, and Unswayed by Personal Interest
Texas Appraisal Allows Determination of Causation and Upholds Zero Award
Chip Merlin | Property Insurance Coverage Law Blog Texas has a lot of insurance claims decided by appraisal. Maybe the appraiser for one insured should have gone to Steve Patrick’s appraisal class because the umpire and insurer’s appraiser came to a zero award, which was upheld on appeal. The court quoted from,1 stated the following as… Continue reading Texas Appraisal Allows Determination of Causation and Upholds Zero Award
Appraiser’s Introduction of “Matching” Evidence after Proposed Appraisal Award is Untimely
Christina Phillips | Property Insurance Coverage Law Blog | December 1, 2019 The Villas at Winding Ridge v. State Farm Fire and Casualty Company1 opinion is a good reminder to appraisers that they need to timely raise any issues related to the appraisal, or risk having those issues waived. In relevant part, the insured’s disputes about the… Continue reading Appraiser’s Introduction of “Matching” Evidence after Proposed Appraisal Award is Untimely
Appraisal Award Ends Property Damage Dispute
Larry P. Schiffer | Squire Patton Boggs | November 13, 2019 Property insurance policies contain provisions to resolve disputes between the policyholder and the insurer over damage claims. These provisions provide for an independent appraisal of the alleged damaged property with the appraiser’s final award binding the parties. An appraisal award is akin to an… Continue reading Appraisal Award Ends Property Damage Dispute