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In a recent decision by the U.S. District Court for the Middle District of Florida, Wood v. GeoVera Specialty Insurance Company (2024 WL 3952571), the court affirmed that unambiguous policy limits remain enforceable even when...more
Heritage Property & Casualty Ins. Co., Appellant v. Sunset Villas Phase III Condominium Association, Inc., Appellee, Fla. 3rd DCA, 3D23-1672, May 15, 2024, Appeal from non-final order from Miami-Dade Co. Lower Tribunal No....more
Alice Ward Valdivieso, et al., Appellants, v. Citizens Property Insurance Corporation, Appellee, 3rd District, Case No. 3D22-2137, L.T. Case No. 18-23350, Mar. 6, 2024 - The Third District Court of Appeals was asked to...more
Submitting a proof of loss using a carrier’s approved proof of loss form may be a mandatory post-loss obligation when invoking appraisal in commercial claims. The U.S. District Court for the Middle District of Florida...more
Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass’n, Inc., SC2021-0883, 2024 WL 369079 (Fla. 2024) - The defendant, San Marco, filed a property claim with its insurer, American Coastal, for damage sustained to its property...more
As a dispute-resolution mechanism, appraisal can be an effective means of resolving a valuation dispute between an insurer and its policyholder. Appraisal provisions may include language that allows an insurer to deny a claim...more
Jason Brand made a claim for disability benefits under his disability policy with Principal Life Insurance Company on the basis that he was totally disabled by extreme anxiety that began in July 2014 after a warrant was...more
In Travelers Casualty Insurance Company of America v. Papagiannopoulous, the U.S. District Court for the District of Maryland addressed the issue of whether a real estate “appraisal provision” included in an insurance policy...more
Southern District Holds That Contractor’s Carrier Has Duty To Defend ConEd Even Though Contractor’s Work Ended Months Before The Accident-A pedestrian tripped and fell on a Bronx sidewalk, and she sued the owner of the...more
Property insurance policies commonly provide for an appraisal process to resolve disputes over the amount of loss. But as industry professionals know all too well, the meaning of "amount of loss" is often disputed, and courts...more
In 2019, the Supreme Court of Texas issued a pair of decisions that allowed policyholders to prosecute claims under the Texas Prompt Payment of Claims Act (“TPPCA”) even after the insurers paid appraisal awards. The decisions...more
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...more
In Silversmith v State Farm Insurance Company, 2021 W.L. 2910240 (Fla. 4th DCA July 7, 2021), Florida’s Fourth District Court of Appeal ruled that policyholders may openly videotape an inspection by the insurance company...more
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....more
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....more
In Hinojos v. State Farm Lloyds, the Supreme Court of Texas addressed liability under the Texas Prompt Payment of Claims Act (the “TPPCA”) when an insurer timely pays only part of a claim....more
Is it possible for a public adjuster to be considered disinterested in the outcome of a case, yet get paid based on the outcome of that same case? Florida’s Third District Court of Appeal says yes, for now! ...more
Various homeowner’s insurance policies contain an appraisal clause that a carrier or insured may invoke in situations where there is a dispute in damages between the parties. ...more
In the last 60 days, COVID-19 has affected us all. Federal and state governments have issued quarantine orders. Schools have been closed. And many businesses have been adversely affected....more
When the Texas Supreme Court issued its opinions in Barbara Techs. Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) and Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex. 2019), a badly fractured court overturned prior...more
Florida courts continue to refine the roles and limitations of appraisers in Florida property claims. Florida’s Fifth District Court of Appeal recently held that a public adjuster cannot serve as a disinterested appraiser...more
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
Most first party property coverage policies contain an appraisal provision that allows either the insured or the insurer to make a written demand for appraisal when the parties agree that covered property was damaged by a...more
No payment? No problem ruled Florida’s 5th District Court of Appeal a few weeks ago in a homeowner’s insurance case where the carrier found partial coverage for the alleged loss, but did not issue payment because the amount...more
Those familiar with first party insurance policies have undoubtedly encountered a recurring issue with the interpretation of appraisal provisions – what does it mean to disagree on the amount of loss? ...more