Insurance Law

Recent Posts

Appraisal of Insurance Losses and the “Actual” Definition of “Actual Cash Value”
Posted on 22 Dec 2014 by Foley & Lardner LLP

Imagine a devastating fire renders your rental property uninhabitable. You dig out your insurance policy and are relieved to find that you are insured up to the “actual cash value” of the building. But what exactly does this phrase mean? The... Read More

New Nevada Statute May Affect Enforceability of Appraisal Clause in Property Insurance Policies
Posted on 17 Dec 2013 by Andrew B. Downs

A growing trend is the imposition of statutory and regulatory limitation on arbitration clauses. To some degree this is a reaction by some jurisdictions to the strongly pro-arbitration position taken by the United States Supreme Court in recent years... Read More

Appraisal: No Excuse For Failure to Appoint Umpire
Posted on 12 Sep 2013 by Barry Zalma

The Supreme Court of Alabama was asked, in Ex parte Tower Insurance Company of New York Inc. , 1120228 (Ala. 08/23/2013) [ enhanced version available to lexis.com subscribers ],, to grant a petition for a writ of mandamus filed by an insurance company... Read More

Appraisal Award Binding – Payment of Appraisal Award Satisfies Policy Promise to Indemnify
Posted on 24 Jun 2015 by Barry Zalma

In an opinion expressing the brevity required of a decision on an issue of insurance law that is patently obvious, the Missouri Court of Appeal decided in James-Miller v. American Family Mutual Insurance , — S.W.3d —-, 2015 Mo. App. LEXIS... Read More

First Circuit Rules Constitution's Appropriations Clause Quashes Flood Policy Claim Lacking Proof-of-Loss
Posted on 28 Oct 2013 by J. Wylie Donald

By J. Wylie Donald You know it is not going well when the court cites the Constitution at you in a breach of contract case. But so it went in DeCosta v. Allstate Insurance Co. [ enhanced version available to lexis.com subscribers ], where the... Read More

PROPERTY INSURANCE DISPUTE RESOLUTION - New Appleman on Insurance Law Library Edition, Chapter 48
Posted on 6 Sep 2011 by LexisNexis Insurance Law Newsroom Staff

By Lon A. Berk and Michael S. Levine Chapter 48 provides a discussion of dispute resolution principles under first-party insurance contracts with a particular emphasis on the appraisal valuation process. Section 48.01 discusses generally the first... Read More

PROPERTY INSURANCE DISPUTE RESOLUTION - New Appleman on Insurance Law Library Edition, Chapter 48
Posted on 6 Sep 2011 by LexisNexis Insurance Law Newsroom Staff

By Lon A. Berk and Michael S. Levine Chapter 48 provides a discussion of dispute resolution principles under first-party insurance contracts with a particular emphasis on the appraisal valuation process. Section 48.01 discusses generally the first... Read More

Nancy I. Stein-McCarthy on “Prejudgment Interest after Appraisal, a Modern Quandary on an Old Concept”
Posted on 15 Jun 2010 by Nancy I. Stein-McCarthy

By Nancy I. Stein-McCarthy, Associate, Powers, McNalis, Torres & Teebagy In her article appearing in the May/June 2010 issue of Coverage, “Prejudgment Interest after Appraisal, a Modern Quandary on an Old Concept,” Nancy I. Stein... Read More