News & Analysis as of

Alternative Dispute Resolution (ADR) Residential Real Estate Insurance

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

Resolving Disputes Regarding Value of the Loss through the Appraisal Process

by Hellmuth & Johnson PLLC on

With an increase in storm damage events throughout the Midwest, insurers are becoming increasingly frugal when adjusting storm damage losses. In the past, disputes regarding the value of the loss typically involved...more

Construction Advisory: Passage, Defeat, and Uncertainty: The Colorado General Assembly Tackles Construction Defect Reform in the...

by Sherman & Howard L.L.C. on

The Colorado General Assembly is heading towards the conclusion of this year’s legislative session. Although one construction defect bill, House Bill 1279, passed the House and is expected to pass the Senate, most bills have...more

IN Catastrophes: Preparing for Hurricane Matthew Claims in the Carolinas

by Cozen O'Connor on

Thousands of homes and other buildings both on the coast and in the interior of the Carolinas have been damaged or destroyed by Hurricane Matthew, and ongoing flooding continues to cause damage and hinder recovery efforts. By...more

Avoiding Gamesmanship in Appointing Appraisal Umpires

by Zelle LLP on

Appraisal has long been utilized as a tool for resolution of disputes over the amount of loss at issue in property insurance claims. Unfortunately, the appraisal process has devolved in recent years. What was once considered...more

A House of a Different Color: The Changing Role of Appraisal Panels

by Robins Kaplan LLP on

Minnesota’s severe weather season is here. With that season comes the possibility of hail, heavy rain, lightning, and other weather-related threats that can quickly result in serious property damage to residential and...more

Arbitration Denied In Mortgage Life Insurance Dispute Where Neither Note Nor Policy Referenced Arbitration Agreement

by Carlton Fields on

A court refused to compel arbitration in a dispute surrounding the cancellation of and failure to pay life insurance benefits under a debtor group life insurance policy. The relevant note and insurance policy did not contain...more

Florida’s Fifth District Holds Method of Repair is within the Scope of Appraisal and a Party’s Attorney may not Serve as a...

In Florida Insurance Guaranty Assoc., v. Branco, 39 Fla. L. Weekly D2020a (Fla. Dist. Ct. App. 5th Dist. Sept. 19, 2014), the Fifth District affirmed in part and reversed in part a Hernando County trial court’s order...more

Fifth Circuit Holding Breathes Life Back Into the Contractual Liability Exclusion

by Carlton Fields on

Liability insurance policies typically exclude coverage for obligations arising out of the insured’s “assumption of liability in a contract or agreement.” Earlier this year, the Texas Supreme Court took a narrow view of this...more

Appellate Court Notes

by Pullman & Comley, LLC on

SC19089 - Travelers Casualty & Surety Co. of America v. Netherlands Ins. Co. - Travelers brought a declaratory judgment action, claiming that the Netherlands Insurance Company had to participate in the defense costs of...more

Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table

by JAMS on

There is much that can go wrong in any large construction project: improper installations, defective products, errors and omissions made by designers, unexpected site conditions—the list is long. Insurance coverage or a...more

Tale of the Texas Appraisal Provision

by Zelle LLP on

A long time ago in a land far, far away, property insurers and their insureds recognized that not every insurance dispute necessitated the expense and headache of a full-blown lawsuit. The result of this recognition was the...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 24, 2014

by Carlton Fields on

I. FLORIDA STATE CASES – JOURDAN HAYNES - - Condominiums: given ambiguity in Condominium Act’s escrow requirements (Fla. Stat. § 718.202) and fact that willful violation of same by developer carried criminal penalties,...more

New Jersey Establishes a Mediation Program for Open Superstorm Sandy Insurance Claims, Notice of Which Must Be Provided to...

by Cozen O'Connor on

New Jersey has now joined New York in instituting a voluntary mediation program for insured victims of Superstorm Sandy with “open and unresolved first-party insurance claims.” The program became operative with the issuance...more

New York Promulgates Emergency Mediation Regulation for Storm Sandy Claimants

by Saul Ewing LLP on

New York licensed insurers are now required to participate in nonbinding mediations with certain Storm Sandy claimants who have disputed or unresolved claims. Insurers are required to send notices of the mediation option at...more

Texas Insurance Law Newsbrief

HOUSTON COURT OF APPEALS DECLINES TO COMPEL TRIAL JUDGE TO ABATE DISCOVERY IN HURRICANE CASE PENDING APPRAISAL Last Tuesday, in In re Cypress Texas Lloyds, No. 14-11-00726-CV, 2011 WL 4367140, the Houston 14th Court of...more

2010 South Carolina Constrution Law Update

by William Watkins on

This is an update on the key decisions in South Carolina concerning Construction Law. Mechanics liens, contract, alternative dispute resolution, mediation, arbitration, litigations,...more

Lang Michener Corporate Insurance Brief Fall 2009

by Lang Michener LLP on

In this issue of the Lang Michener Corporate Insurance Brief, James Musgrove, Frank Palmay, Daniel Edmondstone and Hartley Lefton begin by outlining the regulatory issues relevant to insurance mergers, particularly in a...more

Real Estate News Alert - Volume 20, Number 2 - September 2009

by Miller Starr Regalia on

In this issue: Policy Considerations Trump Statutory Construction - Giving Stop Notice Claimants a Big Advantage Over Construction Lenders; Landlord and Tenant, Alternative Dispute Resolution, CEQA, Common Interest...more

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