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

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-McCarthy presents a case law survey of when and if...

PROPERTY INSURANCE DISPUTE RESOLUTION - New Appleman on Insurance Law Library Edition, Chapter 48

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-party recovery process and provides an overview of...

Appraisal: No Excuse For Failure to Appoint Umpire

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, an independent adjusting firm, and an adjuster employed...

First Circuit Rules Constitution's Appropriations Clause Quashes Flood Policy Claim Lacking Proof-of-Loss

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 First Circuit last month reversed the trial court...

New Nevada Statute May Affect Enforceability of Appraisal Clause in Property Insurance Policies

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. Nevada has now followed the anti-arbitration trend...

Appraisal of Insurance Losses and the “Actual” Definition of “Actual Cash Value”

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 Wisconsin Court of Appeals recently grappled with...

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Appraisal Award Binding – Payment of Appraisal Award Satisfies Policy Promise to Indemnify

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 609 (Mo.App. E.D., 6/9/2015), [ enhanced version available...