The United States Supreme Court held in the 1931 case of Hardware Dealers Mutual Fire Insurance Company v. Glidden Company,1 that the appraisal clause found in the Minnesota standard fire insurance policy is constitutional. This post follows the recent post, Does the Appraisal Process Violate the Constitution?, where I analyzed a pending case where the insurance company is arguing that the appraisal “process” is unconstitutional.
Continue Reading Supreme Court Has Ruled That the Appraisal Clause in the Standard Fire Policy Is Constitutional

Happy Father’s Day!

Pablo Caceres is an experienced insurance defense attorney from a very reputable law firm who has raised the issue of whether the appraisal process violates the constitution. In an answer to a lawsuit by a condominium trying to enforce the appraisal provision, Caceres made the following argument on behalf of his client, Empire Indemnity Insurance Company:
Continue Reading Does the Appraisal Process Violate the Constitution?

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

States have different laws that apply to property insurance contracts. This blog writes about the variances of those state laws all the time. For example, in Florida, absent a provision in the insurance policy, judges will rule that the place where the property is located determines which state law applies.
Continue Reading Which State’s Law Applies to The Property Insurance Policy? Florida Looks to Where the Property Is Located

Ever get so curious about something that is not so meaningful, but you just have to know the answer to satisfy your curiosity? I have been on a very nerdy quest about older appraisal clauses in property insurance policies because I challenged a commentator to this blog about not simply repeating what others have said about the origin of appraisal found in property insurance policies.
Continue Reading Were Older Appraisals Arbitration? One Older Appraisal Clause Clearly Was Not an Arbitration Clause

The first standard fire insurance policy was mandated by Massachusetts in 1873.1 For those interested in the older standard insurance policies, Rough Notes published a book briefly discussing the early history of standard fire insurance policies called The Standard Fire Policy.2
Continue Reading The First Standard Fire Policy—Did It Contain an Arbitration Clause Rather Than an Appraisal Clause?

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