Tag Archives: Appraisal
What Are The Parties To Do When There Is A Breakdown In The Appraisal Process?
This was an issue recently in a Florida case from the Second District Court of Appeal, Jyurovat v. Universal Property & Casualty Ins. Co., No. 2D11–712 (Fla. 2d DCA April 13, 2012). The Court stated “[t]he insurance policy does not addr…
Mississippi Law Prohibits Parties From Extending Or Shortening Statute Of Limitations By Contract
A statute of limitations determines the limit for when a lawsuit can to be filed. Failure to file by that deadline may bar the action forever. The statute of limitations was raised as a defense in a recent property insurance case in Mississippi, Greate…
The "Appeal" Of Appraisal To Florida Insurers
In the past year, Jeremy Tyler and I have written several posts on the Condominium Insurance Law and Property Insurance Coverage Law blogs about the increasing amount of litigation over policyholders’ rights to appraisal. Many of the cases h…
California Court Rulings in 2011 Recognize that the Appraisal Process has Limitations
Over the years, the appraisal process seems to have become more complicated. Appraisal was meant to be an informal way for an insurance company and its insured to resolve claims. In recent years, appraisal has become a big ordeal in California. In orde…
Newly Discovered Damage Should Be Addressed During Appraisal
Failure by appraisers or umpires to include newly discovered damages during the appraisal process prevents policyholders from obtaining fair payment for a covered loss. Almost every property policy includes an appraisal provision which states that if t…
According To A Recent Ruling, Appraisal Claims, Like Fine Wines, May Ripen And Mature With Time
Recently, the Florida Southern District Court updated its order in Garden-Aire Village South Condo. Assoc., Inc. v. QBE Insurance Corp., No. 10-cv-61985 (S.D. Fla. January 4, 2012). I discussed the Garden-Aire case on April 5, 2011, in Importance Of An…
Update: Scope Of Damage And Scope Of Repair Is Subject To Appraisal
My September 23, 2011 post, Is Scope of Damage or Scope of Repair Subject to Appraisal? examined several recent opinions from around the country which discussed whether insurers may deny policyholders their right to appraisal by simply claiming that sc…
Florida Appellate Court Upholds The Sanctity Of The Appraisal Process
Appraisal in first party property insurance claims is an alternative dispute resolution process designed to help policyholders and insurers resolve their disagreements over the amount of loss for claims. It has been utilized quite often in past years f…
Insurers, Like Everyone Else, Have To Play By The Rules Of The Game…Or Suffer The Consequences
As Chip Merlin wrote in his June 3, 2011, post Mediation Notice Lapse Prevents Appraisal Process, “insurers should follow Florida statutes and regulations. . . . Without accountability and consequences, laws are meaningless.” Florida&r…
Is Scope of Damage or Scope of Repair Subject to Appraisal?
Most property insurance policies include an appraisal provision that may be invoked by either the insurer or the insured to determine the value of a loss. Courts generally agree that “valuation” is the task of an appraisal panel, and &ldquo…
