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Appraisers and umpires must ensure they have the necessary time to efficiently fulfill their responsibilities before committing to an appraisal panel. Both policyholders and insurers concur that policyholders deserve swift and complete compensation for their losses. The fundamental principle of insurance is compromised if policyholders do not receive timely and full payments. Therefore, it is imperative for appraisers and umpires to be prepared to quickly assess the extent of losses and make timely determinations on awards. …

Continue Reading What Happens If One Appraiser Does Not Participate? Can One Appraiser and Umpire Make An Appraisal Award?

How do judges appoint an umpire in an appraisal? Most appraisal clauses say words to this effect:

If the appraisers do not agree on the selection of an umpire within 15 days, they must request selection of an umpire by a judge of a court having jurisdiction.

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Continue Reading How Do Judges Appoint Umpires in an Appraisal? A Case Example from Louisiana

The law sometimes has some strange twists. Right now, if a Louisiana policyholder were to challenge Lloyds claims that arbitration was mandated and do so in a federal Louisiana court, the policyholder would lose. But, if Louisiana policyholder challenged the same issue in a New York federal court, the policyholder would win. …

Continue Reading Do Louisiana Cases Against Lloyds Have to Go to Arbitration if the Policy Has an Arbitration Clause?

One of the laws recently passed by the Louisiana Legislature and signed into law by Governor John Bell Edwards is Senate Bill 106, which went into effect on August 1, 2023.…

Continue Reading I’m Just a Bill: Louisiana SB106 Requires Insurers to Provide Claim File Upon Written Request

How do property insurance adjusters typically treat this scenario?

“A tornado severely damages a structure, and then three days later, a second tornado further damages the structure. Nobody fully measured the first damage before the second one happened.”…

Continue Reading How Do You Treat Two Occurrences? Louisiana Does It Differently With Its Own Rule

We recently discussed the bills that passed during the 2023 Louisiana legislative session. However, some of the most notable and potentially sweeping bills were ones that did not pass, namely HB 604 (that we recently discussed when it was proposed) and HB 601.…

Continue Reading Louisiana 2023 Legislative Scorecard, Part Two – What failed to pass?

Louisiana recently completed its 2023 legislative session. As expected, the most recent session was very busy, especially in the area of property insurance legislation. Facing a dwindling and increasingly expensive insurance market and recent reforms in Florida, Louisiana was confronted with numerous bills attempting to address the perceived problems in its insurance market.…

Continue Reading Louisiana 2023 Legislative Scorecard, Part One – What passed?

While I have often said that appraisal is the Wild West of insurance claims resolution because there are no written rules, I suggest readers of this blog take a few minutes to read a bill pending in the Louisiana legislature1 and ponder the question I never thought I would say: 

Are We Better Off With No Written Rules When It Comes To Appraisal Other State Common Law? …

Continue Reading Louisiana Bill Proposes To Codify All The Rules of Appraisal