News & Analysis as of

Appraisal Arbitration

Carlton Fields

District of Maryland Holds Insurance Policy’s Appraisal Provision Constitutes Enforceable Arbitration Clause Under FAA

Carlton Fields on

In Travelers Casualty Insurance Company of America v. Papagiannopoulous, the U.S. District Court for the District of Maryland addressed the issue of whether a real estate “appraisal provision” included in an insurance policy...more

Zelle  LLP

Is an Appraisal an Arbitration? Yes and No. Maybe. Sort of.

Zelle LLP on

Appraisal and arbitration are similar – and different. Are they so similar that appraisal can be called a form of arbitration, or are they so different that appraisal is a thing unto itself? And most important, the next time...more

Nossaman LLP

Podcast: Market Rent Adjustment Provisions in Long-Term Ground Leases

Nossaman LLP on

In this episode of Digging Into Land Use Law, Nossaman Real Estate Group Co-Chair David Graeler and associate Maya Hamouie discuss myriad problems that may arise when a market rent adjustment provision in a long-term ground...more

Lasher Holzapfel Sperry & Ebberson PLLC

Divorce During COVID – Top 5 Issues To Watch

We have all read the headlines that divorce rates are increasing worldwide and those rates are not expected to be dropping soon. The COVID-19 pandemic has pushed many of us to our limits. People are stressed out and locked...more

Butler Weihmuller Katz Craig LLP

What Baseball Has Taught Me About The Insurance Appraisal Process

Anyone who has ever watched baseball knows that umpires sometimes make an incorrect call. In appraisal of a property insurance claim, sometimes the umpire can make a mistake as well....more

Morris James LLP

Court of Chancery Explains Difference Between Experts and Arbitrators Under Delaware Law

Morris James LLP on

Penton Business Media Holdings LLC v. Informa PLC, C.A. No. 2017-0847-JTL (Del. Ch. July 9, 2018) - This decision explains the difference between agreeing to have a dispute decided by an expert rather than an arbitrator. ...more

Morris James LLP

Court Of Chancery Accepts Merger Price In Appraisal Action

Morris James LLP on

When the merger price is the product of a full market check by a disinterested Board without interference from a controller and is approved by the stockholders, the Court of Chancery is inclined to give that price weight in...more

Burr & Forman

Dodd-Frank News: June 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

Burr & Forman on

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

Haight Brown & Bonesteel LLP

Appraisers’ Failure to Perform Assessment of Property’s Existence or Damage is Reversible Error

In Lee v. California Capital Insurance Co. (No. A136280; filed 6/18/15), a California Court of Appeal held that it was error for an appraisal panel to assign loss values to items simply because they were listed in the...more

Carlton Fields

For Life Insurers and Agents – A Summary of Predicted Litigation Under the DOL’s Proposed Fiduciary Rule

Carlton Fields on

The Department of Labor’s recent Proposed Rule (the “Proposal”), which defines the term “fiduciary” as it applies to persons who provide “investment advice” to ERISA plans and IRAs, will impact the likelihood and severity of...more

JAMS

A Rose by Any Other Name

JAMS on

Most of the leading law school textbooks explain arbitration by describing a case where a party suffers a loss and there is a dispute between the insurance company and the insured. The insured typically places a high value...more

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