Tag Archives: Appraisal

Is a “Matching” Dispute Appropriate for Appraisal?

In my last blog post, I discussed Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 and the issue whether appraisal is appropriate to resolve a dispute over the need for a general contractor to perform repairs following a covered loss. Windridge of Naperville also involved whether appraisal is appropriate to resolve a dispute … Continue Reading

Does a Partial Denial and Jury Demand Prohibit the Insurer From Proceeding with Appraisal?

It happens frequently: The insurance company admits the policy covered part of the loss but refuses payment at the time because the amount of the loss falls below the deductible. The insurer then admits the insured also suffered other damages to the property, but denies coverage for this damage for a variety of exclusions or … Continue Reading

Is a Dispute Over General Contractor Overhead and Profit Appropriate for Appraisal?

In Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 a federal district court in Illinois recently addressed the issue whether appraisal is appropriate to resolve a dispute over the need for a general contractor to perform repairs following a covered loss. There, hail damaged townhome buildings, requiring repairs. Philadelphia paid for losses it … Continue Reading

What’s Happening in Appraisal – Part 1

I recently spoke at a seminar our firm hosted for public adjusters. During the seminar, I had at least three separate conversations with public adjusters who voiced their frustration with the current trends in appraisal in the Garden State and beyond. The common thread was a belief that the insurance carriers were using “bought and … Continue Reading

Impossibility of Performance Does Not Excuse an Insurer from Appraisal

The appraisal process is to provide a plain, speedy, inexpensive and just determination to an insurance dispute. However, as many first party property lawyers and homeowners have experienced, appraisal is not necessarily speedy, inexpensive or just. In fact, many times the insurer will refuse to participate in the appraisal process requiring the insured to bring … Continue Reading

Insurance Appraisal takes on the rules of Arbitration but Preserves Bad Faith in Hawai’i

Insurance is a heavily regulated industry and everyone who reads our daily blog knows that insurance rules and regulations vary by state and fall under each individual state’s jurisdiction. Hawai’i is no different and in a state whose insurance laws are still evolving, it is interesting to see that when it comes to appraisal in … Continue Reading

Appraisal in Massachusetts is a “Reference” Proceeding

In the property insurance world, appraisal is a commonly used procedure to resolve disagreements over the amount of a loss. However, in Massachusetts, in claims under fire insurance policies, it is referred to as a “reference proceeding.” The “reference procedure” provides that a panel of 3 arbitrators, or “referees,” determines the amount of loss or … Continue Reading

New Appraisal Clauses Change Appraisal

State Farm and Farmers have created new property insurance policy forms which significantly change the rules of appraisal. One of the trends of insurance coverage is that new policies are not being written with standard language, where years of case law have interpreted meanings of phrases used by all insurers. These two forms are perfect … Continue Reading

Do Insurance Companies Hiring Haag Engineering Follow the Golden Rule? Come To The TAPIA Conference and Find Out!

HAAG’s chief engineer and owner, Tim Marshall, made at least 25% of his personal income from State Farm and was designated as an "impartial" appraiser. If you were his mother, sister or relative, would you think somebody making 25% of their income from another party was "impartial?" Just apply the Golden Rule when thinking about … Continue Reading

Governor Cuomo Signed Bill Into Law On November 21st Allowing Appraisals In New York To Determine “Scope Of Loss” – Part 2

Earlier this year, I wrote about a consumer friendly bill signed into law in New York allowing the "scope of loss" to be determined by appraisal. I received a comment to the post providing insight into how insurance carriers are treating appraisals where scope can be in dispute. I thought I would share with our … Continue Reading
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