News & Analysis as of

Appraisal Denial of Insurance Coverage

Marshall Dennehey

Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain

Marshall Dennehey on

Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass’n, Inc., SC2021-0883, 2024 WL 369079 (Fla. 2024) - The defendant, San Marco, filed a property claim with its insurer, American Coastal, for damage sustained to its property...more

Marshall Dennehey

Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes

Marshall Dennehey on

On February 1, 2024, the Supreme Court of Florida issued its opinion in American Coastal Ins. Co. v. San Marco Villas Condominium Ass’n, Inc., 2024 WL 369079 (Fla. 2024), to address a persisting conflict on the timing of...more

Butler Weihmuller Katz Craig LLP

Putting the Cart Before the Horse: The New Florida Appraisal Landscape

As a dispute-resolution mechanism, appraisal can be an effective means of resolving a valuation dispute between an insurer and its policyholder. Appraisal provisions may include language that allows an insurer to deny a claim...more

DRI

[Event] Insurance Coverage and Practice Symposium - November 29th - December 1st, New York, NY

DRI on

DRI's Insurance Coverage and Practice Symposium is the flagship educational and networking program for insurance executives, claims professionals, and outside counsel who specialize in insurance coverage. This year's...more

Wiley Rein LLP

Delaware Superior Court Reaffirms That Appraisal Action Is Not A Claim For A Wrongful Act Under D&O Policy

Wiley Rein LLP on

The Delaware Superior Court has held that an insurer is not obligated to reimburse or advance an insured’s attorneys’ fees and costs incurred in defense of an appraisal action because the appraisal action is not a claim for a...more

Zelle  LLP

Conn. Ruling Widens Scope Of Property Insurance Appraisals

Zelle LLP on

Property insurance policies commonly provide for an appraisal process to resolve disputes over the amount of loss. But as industry professionals know all too well, the meaning of "amount of loss" is often disputed, and courts...more

Cozen O'Connor

Tenth Circuit Rules Against Insurer and Decides That Appraisers Can Decide Causation

Cozen O'Connor on

In the continuing saga of what can and cannot be appraised in a property insurance appraisal, the Tenth Circuit, in contrast to many other courts, has ruled appraisers can determine coverage issues....more

Goodwin

Delaware Supreme Court Holds Appraisal Action Is Not “Securities Claim” Covered By D+O Insurance Policy

Goodwin on

Delaware Supreme Court Holds Appraisal Action is Not “Securities Claim” Covered by D&O Insurance Policy; Delaware Supreme Court Affirms Dismissal of Derivative Claims Against Life Sciences Company For Failure to Plead Demand...more

Wiley Rein LLP

Delaware Supreme Court Holds that Appraisal Proceeding is not a “Securities Claim”

Wiley Rein LLP on

Reversing the trial court, the Delaware Supreme Court has held that an appraisal proceeding does not constitute a “Securities Claim” under a D&O policy.  In re Solera Insurance Coverage Appeals, Nos. 413,2019 and 418,2019...more

Rumberger | Kirk

Florida's 5th DCA Allows Carrier to Compel Appraisal When Covered Loss Is Under Deductible

Rumberger | Kirk on

No payment? No problem ruled Florida’s 5th District Court of Appeal a few weeks ago in a homeowner’s insurance case where the carrier found partial coverage for the alleged loss, but did not issue payment because the amount...more

Pillsbury - Policyholder Pulse blog

Delaware Court Adopts Pillsbury’s Theories on Novel D&O Insurance Issues (Part 2)

Previously, we reported an important ruling of first impression by the Delaware Superior Court that a shareholder appraisal action against Pillsbury’s client Solera Holdings Inc. was a “Securities Claim” under Solera’s...more

Pillsbury - Policyholder Pulse blog

Delaware Court Adopts Pillsbury Theory that Shareholder Appraisal Actions Are Covered Securities Claims Under D&O Policies

Pillsbury secured an important victory for its client, Solera Holdings Inc., when Delaware Superior Court Judge Abigail LeGrow held—in a matter of first impression anywhere in the country—that a shareholder appraisal action...more

Robinson+Cole Property Insurance Coverage...

Appraisal Award Unenforceable Where Suit Limitation Period Expired Prior To Filing Suit: New York County Dismisses Storm Sandy...

Suit limitation provisions in insurance policies shorten the statutory period of time that a plaintiff may bring a suit against an insurer for certain causes of action. A New York court recently held that an appraisal award...more

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