News & Analysis as of

Appraisal Clauses Appraisal

McGuireWoods LLP

The Appraisal Clause: What It Is, and When to Enforce It

McGuireWoods LLP on

The Appraisal Process Even when an insurer agrees to cover an insurance claim, disputes often arise between the insurer and the insured as to the valuation of the loss, particularly claims under commercial property and...more

Cozen O'Connor

Accepting Coverage for Part of a Claim May Subject an Insurer to the Appraisal Process Under Tennessee Law

Cozen O'Connor on

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....more

Cozen O'Connor

Tenth Circuit Rules Against Insurer and Decides That Appraisers Can Decide Causation

Cozen O'Connor on

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....more

Pillsbury - Policyholder Pulse blog

Appraisal May Be a Viable Option for Policyholders When Damages Calculations Are Contested

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...more

Jaburg Wilk

What is an Appraisal?

Jaburg Wilk on

When the insured and insurer disagree on the amount of a particular loss, an appraiser can help settle the matter. Partner and insurance attorney Nate Meyer explains an appraiser's role in this video. ...more

Zelle  LLP

Avoiding Gamesmanship in Appointing Appraisal Umpires

Zelle LLP on

Appraisal has long been utilized as a tool for resolution of disputes over the amount of loss at issue in property insurance claims. Unfortunately, the appraisal process has devolved in recent years. What was once considered...more

Robins Kaplan LLP

A House of a Different Color: The Changing Role of Appraisal Panels

Robins Kaplan LLP on

Minnesota’s severe weather season is here. With that season comes the possibility of hail, heavy rain, lightning, and other weather-related threats that can quickly result in serious property damage to residential and...more

Cozen O'Connor

Florida Court Holds “Retained Rights” Provision Does Not Render an Appraisal Clause Unenforceable

Cozen O'Connor on

In a pair of sinkhole cases, different panels of Florida’s intermediate level appellate court recently compelled appraisal, and the decisions are instructive because they address both challenges to the procedure and also the...more

Zelle  LLP

Tale of the Texas Appraisal Provision

Zelle LLP on

A long time ago in a land far, far away, property insurers and their insureds recognized that not every insurance dispute necessitated the expense and headache of a full-blown lawsuit. The result of this recognition was the...more

Wilson Sonsini Goodrich & Rosati

The Growth of Appraisal Litigation in Delaware

Numerous commentators and academics have written about the growth of M&A litigation over the last several years. Less noticed, but perhaps more significant, has been the growing tendency of institutional and other large...more

Nexsen Pruet, PLLC

Waiver of Right of Appraisal in Property Insurance Claims

Nexsen Pruet, PLLC on

A frequent issue in first party property insurance claims is whether a party has waived the right to invoke the appraisal process in the adjustment of a property claim. Appraisal is the mechanism for determining the amount of...more

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