Iowa Insurance Commissioner Doug Ommen deserves a big shout out for issuing a Bulletin on July 26 warning policyholders of the impending statute of limitations for a derecho that struck Iowa on August 10, 2020. He is calling on insurance companies to be liberal granting extensions to file lawsuits and warning derecho claimants to file suit or get an extension before August 10—next week! This Bulletin provides:
Continue Reading Iowa Derecho Statute of Limitations Quickly Approaching—Policyholders, Public Insurance Adjusters, and Contractors Beware!

A decision by the Florida’s Fourth District Court of Appeal held that an insured may electronically record an insurer’s appraiser during an inspection of the insured’s property.1 In the current case, a Florida policyholder appealed an order denying her motion for summary judgement, ruling that unless all participants consent, no one may record an insurer’s appraiser inspection in their home. The trial court reasoned that under Florida law, “the only way to record by way of video or by audio is with the full consent of all parties participating.”2 The appellate court disagreed.
Continue Reading Policyholders Can Record Appraisal Inspection

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