Appraisal

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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?

La asociación de Tasadores conocida como IAUA (siglas en inglés para Insurance Appraisal and Umpire Association) en colaboración con la OCS, Oficina del Comisionado de Seguros, celebrarán el próximo 29 y 30 de junio de 2021, en La Concha Resort, un seminario de capacitación sobre el Proceso de Tasación en Puerto Rico. La participación en este seminario, con otro evento y experiencia profesional, les permitirá solicitar la aprobación de la OCS como árbitro aprobado. Además, el cumplimiento de este requisito les permitirá estar en la lista de árbitros aprobados, mantenido por la OCS.…
Continue Reading Tasadores: No Se Pierdan El Seminario “Proceso De Tasación En Puerto Rico” Este Próximo 29 y 30 de Junio de 2021

The Association of Appraisers/ Umpires known as IAUA (Insurance Appraisal and Umpire Association) in collaboration with the OCS, (Office of the Insurance Commissioner), will hold a seminar training on the Appraisal Process in Puerto Rico. The seminar will be on June 29 and 30, 2021, at La Concha Resort. Participation in this seminar, with another event and professional experience, will allow you to request to be approved as an umpire by the OCS. In addition, compliance with this requirement will allow participants to be on the list of approved umpires, maintained by the OCS.…
Continue Reading Appraisers: Don’t Miss The Seminar “Appraisal Process In Puerto Rico” on June 29 and 30, 2021

A number of Florida insurance companies removed appraisal from their policies over the past several years. Since litigation was the only method of resolution, this lead in part to a sharp increase in lawsuits filed. This “Wag The Dog” scenario then allowed the Florida insurance industry to claim a spike increase in the number of lawsuits filed and seek a need for alleged reform which harms Florida policyholders.…
Continue Reading Does SB 76 Require An Insurer and Policyholder to Go To Appraisal If The Policy Does Not Reference Appraisal?

When I first left property insurance defense in 1985 and started exclusively representing policyholders, the number of appraisal cases decided by appellate courts on a national basis were about the same as the number of wins the Tampa Bay Buccaneers had in their first two years in the NFL. With appraisal today as the ever-increasing predominant method of property insurance claim dispute resolution, appraisal cases are the frequent topic of property insurance law and disputes.…
Continue Reading Can Mitigation Costs Be Subject to Appraisal?

The Insurance Appraisal and Umpire Association held a training session in Orlando today. The session was led by Robert Norton. The audience had a number of very experienced appraisers and umpires, many with insurance company backgrounds. Robert Norton has been teaching on this area for twelve years. He is truly an expert on the various issues involved with appraisal. I learned a lot from him and the discussion with the audience.…
Continue Reading What is a “Competent” Umpire for a Property Insurance Appraisal?

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

The new property insurance tactic to avoid payment and thereby delay or deny appraisal is to claim that the policyholder asked for too much and the claimed amount is fraudulent. A Florida case, American Capital Assurance Corporation v Leeward Bay at Tarpon Bay Condominium Association,1 which will be reviewed by the Florida Supreme Court, will eventually decide these issues.…
Continue Reading Can Insurance Companies Avoid Appraisal by Alleging the Amount Claimed is Fraudulent?

Appraisal is generally thought of as a quicker and more cost-efficient method of resolving property insurance controversies than litigation. That is not the case when an appraisal is followed up with litigation. Further, while infrequent, there are instances when appraisers and umpires can be drawn into the litigation controversy, as evidenced by recent filings in a Texas federal case involving a Baptist Church and Brotherhood Mutual Insurance Company.1…
Continue Reading Appraisals Can Lead to Nasty Legal Battles—Should Appraisers and Umpires Get Insurance Protecting Them?