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

In a recent decision by the United States District Court for the Eastern District of Wisconsin, a federal judge issued an order denying the property owner’s request for appraisal, holding that the insurance policy’s appraisal provision is “limited to disputes over valuation, not causation or coverage.”1
Continue Reading Wisconsin Federal Court Limits Appraisal to Valuation Only

The Townes of Cedar Ridge Condominium Association (“Cedar Ridge”) was damaged as a result of a March 2019 hailstorm. Cedar Ridge informed its insurer, Travelers Indemnity Company of America (“Travelers”), which inspected the complex and concluded that some gutters, downspouts, air conditioning units, and one shingle on one roof had sustained hail damage. As a result, Travelers issued payment for $17,140.88 for the damages it found were covered and denied the remainder of the claim.
Continue Reading Insurer’s Declaratory Judgment Action After Denial Ruled Untimely

In keeping with the recent decision in B&D Investment Group v. Mid-Century Insurance Company,1 the Northern District of Illinois, in Khalell v. AmGuard Insurance Company,2 again concluded that appraisal was appropriate where the insurer had determined that some portion of the dwelling was damaged by hail.
Continue Reading The Northern District of Illinois Compels Appraisal AGAIN!

In August of 2018, an explosion and fire severely damaged the insured’s bar, restaurant and bowling alley.1 Auto-Owners Insurance Company (“Owners”) insured the buildings and personal property at the time of the loss. After resoling their dispute over coverage on damage to the building, Owners made payment. However, a dispute remained between the parties as to amounts owed for business personal property (“BPP”) and electronic data processing equipment (“EDP”), among others.
Continue Reading Court Orders Parties to Appraisal Even Though Neither Party Requested It

Stone Creek Condominium Owners Association, Inc. (“Stone Creek”),1 suffered a hail loss in 2016 for which it submitted a claim to its property insurance carrier, Charter Oak Fire Insurance Company (“Charter”). Charter inspected and issued payment in accordance with its estimate. Charter determined that four of the twenty buildings had sustained damage, although no damage was noted to any of the roofs.
Continue Reading Jury to Decide if Adjuster’s Instruction to Insured Waived Date of Loss

Determining and calculating pre-judgment interest has been the topic of many blog posts over the years. Recently, the Minnesota Court of Appeals addressed this issue of what triggers the running of statutory interest in the case of Blehr v. Anderson, No. A20-0691, 2021 WL 79163 (Minn. App. Jan. 11, 2021). While this case arises in the context of an insurance dispute arising from an automobile accident, it applies to property insurance disputes.
Continue Reading What Constitutes “Written Notice” for Triggering Prejudgment Interest?

Some homeowners insurance policies contain endorsements or specific language which provide coverage for specific structures located away from the Residence Premises. The recent case of Jacquart v. State Auto Property & Casualty Insurance Company,1 analyzed whether a structure located 119 miles from the Residence Premises was covered under such an endorsement.
Continue Reading What is Covered Under Structures Away from the Residence Premises?

In order to succeed on a claim of negligence against an broker/agent for failing to procure insurance, a plaintiff must establish (1) a duty of care; (2) a breach of said duty of care; (3) injury caused by the breach; and (4) actual loss or damage resulting from the injury. Recently the Supreme Court of Wisconsin, in Emer’s Camper Corral, LLC v. Alderman, 391 Wis.2d 674 (2020), addressed the evidence a plaintiff must present under the third factor in order to establish causation.
Continue Reading Insurance Being “Commercially Available” is Not Enough in a Broker/Agent Negligence Action