Appraisal
State Farm Fire and Casualty Company v. Aaron Wesser
Year: 2022
Court: Minnesota Supreme Court
Case Number: A21-1587
Issue:
  • Appraisal
State:
  • Minnesota

In its amicus curiae brief, UP supports policyholders’ rights to recover preaward and post-award interest on their insurance appraisal awards in line with the legislative intent of Minn. Stat. § 549.09 and the Minnesota Supreme Court’s decision in Poehler v. Cincinnati Insurance Company, 899 N.W.2d…
Jarden LLC. v. Ace American Ins. Co. et. al.
Year: 2021
Court: Supreme Court of the State of Delaware
Case Number: No. 273, 2021
Issue:
  • Appraisal
  • D&O Policy Language
State:
  • Delaware

In its brief, UP weighs in on whether this appeal generally concerns the Appellant’s entitlement to coverage under a directors and officers policy of insurance for consolidated shareholder appraisal actions resulting in a judgment against the Appellant, as well as litigation costs and fees. UP identifies important issues of…
Treasure Cay Condominium Assoc., Inc. v. Frontline Unlimited Ins. Co.
Year: 2021
Court: United States Court of Appeals Eleventh Circuit
Case Number: 21-10611-E
Issue:
  • Appraisal
State:
  • Florida

In its brief, UP discusses the purpose of appraisal and why the District Court erred in granting summary judgment to the insurer. UP suggests that the Court erred in holding that Treasure Cay’s demand for appraisal was premature, and that the purpose of appraisal is to…
American Capital v. Leeward Bay
Year: 2021
Court: Supreme Court Florida
Case Number: SC20-1766
Issue:
  • Appraisal
State:
  • Florida

In its brief, UP tackles the issue of appraisal provisions that are placed in policies to resolve disputes over the amount of loss. Traditionally, nothing in the policy dictates that issues of coverage must be determined prior to appraisal. However, American Capital’s policy, and most modern…
State Farm v. Sanders
Year: 2021
Court: Supreme Court of Florida
Case Number: SC20-596
Issue:
  • Appraisal
State:
  • Florida

In its brief, UP tackles the issue of appraisal. Insurance companies design and control the insurance policy form and the claim process. Property insurance carriers typically, as an element of exercising that control, place appraisal provisions in their policies to resolve disputes over the amount of…
Hinojos v. State Farm Lloyds and Pulido
Year: 2020
Court: Supreme Court of Texas
Case Number: 08-16-00121-CV
Issue:
  • Appraisal
State:
  • Texas

In this brief UP endeavors to change the use of Texas’ longstanding reasonableness exception to bar insured’s Texas Prompt Payment of Claims Act (TPPCA) entitlements. This reasonableness exception provides insurers with a loophole opportunity to low-ball the insured, take a gamble on a policyholder paying…
Klass v. Liberty Mutual Insurance Co.
Year: 2020
Court: Supreme Court of Connecticut
Case Number: S.C. 20451
Issue:
  • Appraisal
State:
  • Connecticut

In its brief, UP argues for the proper and efficient application of the appraisal process. Technical disputes over dollar values of property damage and construction and repair costs are well suited to being resolved in insurance appraisals. The appraisal process offers the advantage of a…
In re: Universal Underwriters Insurance Company
Year: 2009
Court: Texas Supreme Court
Case Number: 10-0238
Issue:
  • Appraisal
State:
  • Texas

This case will have a substantial impact on the rights of Texas policyholders to be promptly and properly compensated by their insurance companies, and will also impact the consistency of court decisions.
Gordon Blackwell v. Foremost Ins. Co.
Year: 2016
Court: California Supreme Court
Case Number: H042263
Issue:
  • Appraisal
State:
  • California

UP submitted a letter urging the California Supreme Court to grant review on a very important issue for homeowners: whether an insurance company whose policy contains an appraisal provision as a pre-requisite to a lawsuit, can litigate a case for two years and then on…
Bechir Louati v. State Farm Fire and Casualty
Year: 2018
Court: Appellate Division, First Department
Case Number: 150888/16
Issue:
  • Appraisal
State:
  • New York

Appraisal is an expeditious, cost-effective procedure by which the policyholder and the insurance company can resolve disputes without resorting to litigation. The scope of the appraisal process, includes precisely that – the “scope” or “extent” of the loss. Put another way, the work needed to…