News & Analysis as of

Appraisal Awards

Zelle  LLP

5th Circ. Insurance Case May Encourage Post-Appraisal Suits

Zelle LLP on

On Oct. 6, the U.S. Court of Appeals for the Fifth Circuit is set to hear oral arguments in Pearson v. Allstate Fire and Casualty Insurance Company. The case centers on statutory construction of Chapters 542 and 542A of the...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Denies Cross-Petitions to Confirm and Vacate Appraisal Award Despite Strong Presumption in Favor of Summarily...

In Yakuel v. Gluck, Justice Joel M. Cohen of the New York County Commercial Division denied Petitioners’ application to confirm an appraisal award and denied Respondent Andrew Gluck’s (“Gluck”) cross-petition to vacate the...more

Morris James LLP

CCLD Holds that D&O Policy’s Duty to Defend “Securities Claims” Extends to Appraisal Proceedings under 8 Del. C. § 262

Morris James LLP on

CCLD Holds that D&O Policy’s Duty to Defend “Securities Claims” Extends to Appraisal Proceedings under 8 Del. C. § 262, that Pre-Judgment Interest on an Appraisal Award May be a Covered “Loss” and that a Breach of...more

Cozen O'Connor

Texas Supreme Court Identifies Claims that Survive the Payment of an Insurance Appraisal Award

Cozen O'Connor on

On June 28, 2019, a divided Supreme Court of Texas issued a pair of important opinions addressing how an insurer’s timely payment of an appraisal award impacts the viability of a policyholder’s contractual and...more

Dickinson, Mackaman, Tyler & Hagen, P.C.

Insurance Appraisers May Determine the Cause of Loss

In a case of first impression, Walnut Creek Townhome Association v. Depositors Insurance Company, the Iowa Supreme Court has held that insurance appraisers may determine the cause of loss in addition to the amount of damage....more

Zelle  LLP

Texas Case Shows Clarity is Key in the Appraisal Process

Zelle LLP on

A recent Texas state appellate court decision confirms the importance of clarity in the appraisal process as to the issues being considered by an appraisal panel. In Texas Windstorm Insurance Association v. Dickinson...more

Cozen O'Connor

Texas Court Holds That Unpaid Appraisal Award Does Not Conclusively Establish Causation or Damages in Hurricane Ike Insurance...

Cozen O'Connor on

While Hurricane Ike made landfall in Texas almost ten years ago, the resulting litigation is alive and well as evidenced by the recent decision in Texas Windstorm Insurance Association v. Dickinson Independent School...more

Haight Brown & Bonesteel LLP

Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award

In Khorsand v. Liberty Mutual Fire Ins. Co. (No. B280273, filed 2/27/18), a California appeals court affirmed an appraisal award favorable to a homeowners insurer, ruling that it was improper to admit as evidence in...more

Morrison & Foerster LLP

Delaware Supreme Court Reverses Dell Appraisal Award - Emphasizes, But Does Not Require, Deference to Deal Price in Appropriate...

Morrison & Foerster LLP on

On December 14, the Delaware Supreme Court reversed a Chancery Court decision that had found the “fair value” of Dell shares in the 2013 MBO by Michael Dell and Silver Lake to be about 28% more than the final negotiated deal...more

Saul Ewing Arnstein & Lehr LLP

Texas Appellate Court Confirms that Insurer’s Payment of Appraisal Award Precludes Common Law and Statutory Bad Faith Claims

Ortiz v. State Farm Lloyds, No. 04-17-00252-CV, 2017 WL 5162315 (Tex. Ct. App. Nov. 8, 2017). Oscar Ortiz submitted a claim to State Farm for damage to his property resulting from wind and a hailstorm. After inspecting the...more

Robinson+Cole Property Insurance Coverage...

Connecticut Supreme Court Reaffirms Court’s Limited Power To Review Appraisal Awards

The Connecticut Supreme Court recently handed down an important decision reiterating the high bar to overturning arbitration awards while, at the same time, clarifying a portion of the applicable statute providing for...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

Zelle  LLP

The Graber Opinion is Confirmed as an Outlier in Matters Involving Texas Appraisals

Zelle LLP on

With the continued onslaught of hail and other weather related litigation in Texas, insurance carriers often elect to resolve claims through the appraisal process outlined in the policy. Insurance carriers historically...more

Cozen O'Connor

Don’t Mess with the Texas Prompt Payment of Claims Act: One Court’s Appraisal Result

Cozen O'Connor on

Virtually all property insurance policies contain an appraisal clause, which outlines the appraisal procedure in broad terms. Those broad terms sometimes do not provide much guidance about the process, or about the effect...more

Robins Kaplan LLP

When Policyholders Aren't Entitled To Preaward Interest

Robins Kaplan LLP on

Most property insurance policies contain an appraisal clause that provides that if the parties cannot agree on the amount of loss, either party may demand an appraisal. An appraisal panel consisting of two party-appointed...more

Cozen O'Connor

Texas Court Addresses What Constitutes an “Itemized” Appraisal Decision

Cozen O'Connor on

On Tuesday of this week, a unanimous panel of Texas’ intermediate level appellate court rejected arguments that an appraisal award that set forth lump sum replacement cost, depreciation, and actual cash value amounts for real...more

Zelle  LLP

Graber v. State Farm is a Texas Prompt Payment Outlier

Zelle LLP on

For more than a decade, courts applying Texas law — including the Fifth Circuit, two federal district courts and several Texas courts of appeal — have uniformly held that an insurer’s full and timely payment of an appraisal...more

Bergeson & Campbell, P.C.

20th Annual Presidential Green Chemistry Challenge Awards Highlight Biomass- And Waste-To-Resource Technologies

On July 13, 2015, the U.S. Environmental Protection Agency (EPA) announced the winners of the 20th Annual Presidential Green Chemistry Challenge Awards (PGCCA) and honored them at a ceremony at the National Academy of...more

Zelle  LLP

5th Circ. Continues Pro-Appraisal Trend In Texas

Zelle LLP on

While appraisal is a method of dispute resolution commonly provided for in insurance contracts, many jurisdictions lack a well-developed body of case law addressing questions relating to the scope of appraisal, the role of...more

Cozen O'Connor

Does a Bad Faith Cause of Action Survive an Appraisal Award? The Answer May Be, “It Depends.” Two recent federal court decisions –...

Cozen O'Connor on

Intermodal Equipment Logistics, U.S. District Court for the Southern District of Texas - Earlier this year, the U.S. District Court for the Southern District of Texas ruled an insured can pursue its bad faith claim even...more

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