Tag Archives: Appraisal

When Is “Too Late” for an Insurance Company to Invoke Appraisal?

I often take calls from potential clients and public adjusters frustrated with an insurance company that has denied, delayed and then underpaid a claim and then ultimately invoked appraisal. Often the insured or public adjuster states that multiple inspections have taken place with substantial correspondence between the parties and the question is, “can the insurance … Continue Reading

Texas Insurance Appraisal: Who is Grading Insurance Company Papers and the Policies They Sell?

It is no secret that there are problems with the appraisal process. The ever-growing issues with appraisal include, but certainly are not limited to, exorbitant expenses pushed onto policyholders and insurance companies, gamesmanship, and the never-ending questions of: When is appraisal appropriate What can be addressed and assessed within appraisal, and Whether a policyholder’s claims … Continue Reading

When Is a Demand for Appraisal Too Late?

I often hear from insureds that have been negotiating with their insurance company for a period of time when the insurer suddenly demands appraisal. The insureds do not want to go to appraisal and the first question is always, “Can the insurance company do that?” followed by “This claim has been going on for months, … Continue Reading

Is a “Matching” Dispute Appropriate for Appraisal? – Update

Last year in one of my blogposts, I wrote about Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company, and the issue whether appraisal is appropriate to resolve a dispute over the cost of repairing physically undamaged siding of townhome buildings to remedy a mismatch with repaired damaged siding. There, a federal district court … Continue Reading

The Status of Appraisal in Texas Insurance Policies & Claims

The majority of insurance policyholders do not realize that their property insurance policy may contain an appraisal provision. Insurance companies attempt to use appraisal provisions to impose unnecessary burdens on insureds and to eliminate the insureds potential to file a lawsuit against the insurance company and its adjusters for violations of the Texas Insurance Code, … Continue Reading

Commissioner of Insurance Extends Deadline for Policyholders to Demand Appraisal for Damages Caused by Hurricane Harvey

On April 18, 2018, the Texas Commissioner of Insurance issued Order No. 2018-5463, extending the deadline for a Texas Windstorm Insurance Association (TWIA) policyholder to demand appraisal on their Hurricane Harvey claim. Harvey made landfall in Texas and affected several parts of the Greater Houston area as well as several coastal areas from August 25 … Continue Reading

Appraisals: A Comment on the Scott deLuise Post Regarding Colorado Appraisals and Failed Colorado Appraisal Legislation

American politics and government can make people extraordinarily upset. The very nature of democracy, modern regulation, those being regulated and those regulating promotes active and emotional disagreements of what is the best public policy and how it should be determined. So, my first observation from yesterday’s post, Colorado House Bill 18-1153 Concerning Appraisals for Insurance … Continue Reading

Colorado House Bill 18-1153 Concerning Appraisals for Insurance Claims Killed in Finance Committee Hearing

Note: This guest blog is by Scott deLuise. Scott deLuise has been a public adjuster in Colorado since 1985, and licensed since Colorado implemented licensing. He is licensed in 28 states and Puerto Rico. He is a past president of NAPIA, and founding president of RMAPIA. Monday before last was a sad day for the … Continue Reading

Appraisal and Flood Insurance Claims

2017 brought with it three major hurricanes causing widespread flooding to thousands of homeowners and business owners. Those policyholders with a flood insurance policy through the National Flood Insurance Program (“NFIP”) might consider invoking the flood policy’s appraisal provision.… Continue Reading

“Like Kind and Quality” Is an Appraisable Issue

Following a loss, the issue of replacement with “like kind and quality” often arises whether it be with the replacement of personal property or building materials. The phrase “like kind and quality” is typically not defined in an insurance policy, so whether construction is of “like kind and quality” can easily become a dispute. But … Continue Reading

Appraisal in Puerto Rico

Insurance carriers and policyholders have historically enjoyed the benefits of the appraisal provision included in most property insurance policies. Appraisal tends to be less expensive, time-consuming, and formal compared to traditional litigation. Unfortunately, appraisal is not an option for policyholders in Puerto Rico.… Continue Reading

Insurance Appraisal—The Law and Procedure

The Law and Procedure of Insurance Appraisal is a fantastic work by Jonathan Wilkofsky. It is in its third edition and 1,400 pages explaining in full everything a property insurance practitioner would want to know about the topic. Here is a video of Jonathan describing the benefits of his treatise:… Continue Reading

An Insurer’s Obligation to Match: Comparable Materials and Quality

Policyholders purchase property insurance and pay lofty premiums with the intention of their insured property being restored to where it was prior to a loss. But what happens when the loss affects only a portion of the siding or has destroyed only a handful of discontinued roofing tiles? Is the policyholder forced to accept mismatching … Continue Reading

An Appraiser Can Favor One Side More than the Other and Still Be Impartial

The typical appraisal provision in an insurance policy requires that each party select a competent and impartial appraiser. However, what impartial means is usually undefined in the policy. Does advocacy on behalf of your appointed party mean you are not impartial? That question was recently addressed by the Colorado Court of Appeals in Owners Ins. … Continue Reading

Eighth Circuit Agrees: Pre-Award Interest on Appraisal Award is Appropriate

I recently wrote about the case of Poehler v. Cincinnait Insurance Company,1 in which the Minnesota Supreme Court recently held that Minnesota Statute section 549.09 provides for pre-interest on insurance appraisal awards. Following this decision, the Eighth Circuit Court of Appeals in Housing and Redevelopment Authority of Redwood Falls v. Housing Authority Property Insurance,2 similarly … Continue Reading

Appraisers Agreeing Not To Include Issues of Loss May Render Policyholders with No Later Recovery

Appraisals can result in losing propositions for policyholders. I often teach that policyholders need to make certain that they do their best during appraisal and not expect a bad award to get overturned. Policyholders need very hardworking, honest, and knowledgeable persons selected as their appraisers.… Continue Reading

The Scope of Appraisal in Illinois

The appraisal clause in a typical residential and commercial property insurance policy provides for an appraisal if the parties disagree as to “the amount of loss.”1 That phrase has been the subject of extensive legal debate between insureds and insurers in terms of its meaning and scope. While most courts have concluded that ascertaining the … Continue Reading

Payment of an Appraisal Award Does Not Foreclose Insured’s Claim for Vexatious and Unreasonable Conduct in Illinois

Often an insurer will assert that their payment of an appraisal award has satisfied their obligation under the policy such that an action for “bad faith” cannot be brought. An insurer recently raised this issue in a motion to dismiss against our client arguing that the insured’s right to bring a claim for damages under … Continue Reading
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