On July 16, 2022, I wrote a blog regarding a recent decision in Wisconsin where the Federal District Court for the Eastern District of Wisconsin limited appraisal to “valuation” disputes. Today, I am pleased to announce that upon a Motion to Reconsider, the court reversed its decision and entered an order requiring the parties to submit their disputes to the appraisal process.1
Continue Reading Wisconsin Federal Court Corrects Its Error and Orders State Farm to Appraisal

Former State Farm adjusters laugh during speeches I give when the topic of State Farm operation guides arises. State Farm uses Operation Guides to make processes for every activity it does. Most insurance companies have these. The funny thing about State Farm’s is that if printed out, they can literally take up twenty feet of pure paper—and this is just for claims.
Continue Reading State Farm Operation Guide Regarding Appraisal

The American Policyholder Association (APA) is holding its annual Membership Summit week at the Magnolia Hotel in Denver, Colorado. Doug Quinn, the APA’s Executive Director, is dogged in his unrelenting drive to show where policyholders are being harmed as a result of fraud and unfair practices by insurers. Doug was a victim of this abuse from Superstorm Sandy and decided to do something about the problem.
Continue Reading American Policyholder Association Membership Summit in Denver on July 12-14

Researching the origins of the appraisal clause, I posted about one found in a 1793 property policy in An Appraisal Clause From 1793. I came across the same clause in a 1761 maritime policy that was found in a virtual Harvard library.
Continue Reading Appraisal Clause in 1761 Maritime Policy and Reflections on Fast Resolution of Controversies

It did not take long for part of the recent anti-policyholder legislation to be declared illegal. Last Friday, Chief U.S. District Judge Mark Walker heard arguments in a lawsuit filed by Gale Force Roofing and Restoration, LLC, that claims the portion of SB 76 that prevents contractors from advertising to encourage property owners to file roof-damage claims violated free speech protections. Judge Walker ruled in favor of Gale Force Roofing and issued an injunction stopping Florida officials from enforcing part of the bill.
Continue Reading Contractors and Roofers Can Advertise! Part of SB 76 Already Found Unconstitutional

Appraisal clauses, a common component of property insurance policies, set forth an alternative dispute resolution process by which the parties to an insurance contract can resolve disputes concerning the amount of a covered loss. While most property insurance policies’ appraisal clauses do not expressly set forth a time period to demand appraisal, waiver of the appraisal clause can occur if not timely invoked. Courts tasked with determining whether an appraisal clause was waived focus on whether the demand for appraisal was made within a “reasonable time.”
Continue Reading How Long Is Too Long To Demand Appraisal?