Appraisal Archives - Horst Krekstein & Runyon LLC

Maryland Federal Court Issues Conflicting Opinions on Waiver of Right to Appraisal

The U.S. District Court for the District of Maryland recently issued two opinions reaching opposing conclusions on whether a showing of actual prejudice is required to establish waiver of an insurance policy’s appraisal provision. In both cases, the court was asked to resolve a similar question: Whether an insured had waived its right to demand …

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Property in 60 Seconds: Texas and Florida Supreme Courts Weigh In On Appraisal Issues

Appraisal, Property in 60 Seconds

The Supreme Courts for both Florida and Texas issued opinions addressing appraisal in those jurisdictions. The Texas Supreme Court in Rodriguez v. Safeco held that an insurer’s full payment of an appraisal award plus statutory interest precludes the recovery of attorney’s fees in an action under Chapter 542A of the Texas Prompt Payment of Claims Act. The court …

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Illinois Federal Court Holds Appraisal Precludes Suit Over Valuation Dispute

Appraisal

The District Court for the Northern District of Illinois recently reaffirmed that a policyholder is bound by a validly issued appraisal award and cannot sue when it disagrees with the amount of the award. In July 2020, the policyholder, a condominium association, presented a claim to its carrier for damage to roofs and other building …

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Property in 60 Seconds: Florida Supreme Court Defines “Disinterested” Party in Appraisal

Appraisal, Property in 60 Seconds

The Supreme Court of Florida recently resolved a long disputed issue holding that an appraiser who enters into a contingency agreement with a homeowner is not a disinterested party for appraisal purposes. In Jon Douglas Parrish v. State Farm Florida Insurance Company, the Court found that an appraiser cannot be disinterested if they, or a …

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PROPERTY IN 60 SECONDS: Bob Horst Quoted in Claims Journal

Appraisal, Property in 60 Seconds

HKR’s Bob Horst has recently been quoted in two articles published in Claims Journal dealing with appraisal: Appraisals, Water Damage Fraud Among ‘New Normals’ Discussed at PLRB (April 5, 2022) Insurers Challenging Awards When Appraisers’ ‘Disinterest’ in Question (April 19, 2022) The law surrounding the appraisal process has been developing rapidly throughout the country in recent months. …

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