Who has the burden of proof in a typical all-risk insurance policy which is now often referred to as an “open perils” policy? What does a policyholder typically have to prove to make a claim for property damage? These are fairly basic questions with answers that can become confusing when the burdens switch.
Continue Reading Who Has the Burden to Prove the Cause of Property Damage? Those Burdens of Proof Can Switch!
Merlin Law Group attorneys Jon Bukowski, Larry Bache, Corey Harris, and Ashley Harris won a before the Federal 10th Circuit Court of Appeals, which held today that causation can be determined in Colorado appraisals.
I would like to give special recognition to Shane Smith who helped write the briefs and contributed to
Hurricane Laura certainly caused significant damage. Insurance claim differences of opinion about these damages and their value may be resolved through appraisal.
Continue Reading Louisiana Appraisals with Causation Determinations May Still End Up in Litigation as Coverage Issues
Hurricane Sally appears headed to the Mississippi Sound and Louisiana. Adjusters already working Hurricane Laura claims will be shifting efforts to Hurricane Sally. While there is legal authority suggesting that causation can be determined in Louisiana appraisals,1 Mississippi has long held that causation issues will not be allowed in appraisal and that a lawsuit will have to determine those issues.2
Continue Reading Mississippi Does Not Allow Causation to Be Determined In Appraisal
Tennessee is a beautiful state. The powers that be even gave me a license to ply my trade in the Volunteer State. I was recently researching whether causation can be determined by an appraisal panel in Tennessee.
Continue Reading Causation in Appraisal—What is The Causation Rule in Tennessee Appraisals?
Texas has a lot of insurance claims decided by appraisal. Maybe the appraiser for one insured should have gone to Steve Patrick’s appraisal class because the umpire and insurer’s appraiser came to a zero award, which was upheld on appeal.
Continue Reading Texas Appraisal Allows Determination of Causation and Upholds Zero Award
The Iowa Supreme Court determined that “appraisers may determine the factual cause of damage to insured property to ascertain the amount of loss,” in Walnut Creek Townhome Association vs Depositors Insurance Company.1 I am proud that Ashley Smith (nka Ashley Harris) was cited by the court for her analysis of the issue.
Continue Reading Ashley Harris Cited by Iowa Supreme Court Regarding Causation Issues in Appraisal Proceedings
Plaintiffs owned a home in Arizona insured by Metropolitan Property and Casualty Insurance Company.1 The “Wallow Fire” occurred near the property and consumed the plaintiffs’ detached garage. It also burned the vegetation on a nearby hill. A month after the fire was contained, a mudslide on the hill destroyed the house.
Continue Reading Court Applies Broad Interpretation of “Direct” Causation
Earlier this month, a federal judge sitting in the Southern District of Indiana examined the scope of the appraisal clause in the property insurance policy. Relying on many of the same cases I have discussed in earlier blogs in this series, the court found that the appraisal panel must consider causation as part of the appraisal process:
While the appraisal procedure is commonly used in property insurance claims, the proper scope of appraisal is often contested. Courts across the country generally agree that coverage determinations are reserved only to the courts. However, courts are divided on whether determinations of causation should be considered by the appraisal process.
Continue Reading The Scope of Appraisal: Does It Include Causation?