Attacking and Defending Insurance Appraisal Awards: Litigating Impartiality, Undue Influence, and Other Key Issues
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss why the appraisal remedy in insurance policies may not be the straightforward solution it appears to be on paper, the grounds for vacating appraisal awards, and why it may simply be a prelude to litigation over appraiser impartiality.
Outline
- Overview of appraisal remedy
- Demanding an appraisal: how and when (and when not)
- Choosing an appraiser and documenting the agreement to appraise
- Selecting an umpire
- Defining the scope of the appraisal
- Reporting the appraisal
- Enforcing or challenging the appraisal
- Timing
- Grounds for vacating award
- Without authority
- Fraud, mistake, accident
- Not rendered in compliance with the policy
- Proving undue influence, bias, prejudice, interference with process
- Correcting errors
- Binding effect of appraisal
- Remedies if appraisal is vacated
Benefits
The panel will review these and other important issues:
- What kind of disclosures can or should be required from appraisers or umpires to fully disclose possible conflicts or impartiality?
- How are mixed questions of causation, loss amount, and the extent of the loss decided?
- Does payment of the appraisal amount extinguish extra-contractual claims?
- Does coverage have to be resolved before an appraisal?
Faculty
Preston J. Dugas, III
Attorney
Dugas & Circelli
Mr. Dugas's legal career has primarily been focused on cases revolving around insurance litigation (wind and/or... | Read More
Mr. Dugas's legal career has primarily been focused on cases revolving around insurance litigation (wind and/or hail storms), underpayment of oil and gas royalties, faulty medical products, and property tax litigation. During this time period, he has represented a wide array of clients, from those affected by hail storms, commercial property owners seeking to reduce their ad valorem tax liability, patients who received faulty hip implants, to thousands of royalty owners seeking recovery of underpaid oil and gas royalties. Since 2010, Mr. Dugas has been recognized as a Top Attorney by Fort Worth, Texas magazine. He was also selected as a 2013, 2017, 2018 and 2019 Texas Rising Star by Thomson Reuters as published in Super Lawyers magazine. In December of 2015, Mr. Dugas was chosen as a Top 40 under 40 by The National Trial Lawyers Association.
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Illon R. Kantro
Partner
Berk, Merchant & Sims
Mr. Kantro is a partner at Berk, Merchant & Sims. He received his Bachelor of Science from The American University,... | Read More
Mr. Kantro is a partner at Berk, Merchant & Sims. He received his Bachelor of Science from The American University, in Washington, D.C., and his Juris Doctor from The University of Miami School of Law, in Coral Gables, FL. Mr. Kantro has spent the last fifteen years assisting foreign and domestic insurers with matters of first and third party insurance coverage.
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Gina Clausen Lozier
Partner
Clausen Choquette Law
Ms. Clausen Lozier is a founding partner of Clausen Choquette PLLC and focuses her practice on first and third-party... | Read More
Ms. Clausen Lozier is a founding partner of Clausen Choquette PLLC and focuses her practice on first and third-party claims and coverage analysis. She is one of only three lawyers in Florida recognized in the prestigious legal publication Chambers for her work on policyholders’ behalf. Ms. Lozier dedicates her practice to representing commercial policyholders.
CloseEarly Discount (through 11/01/24)
Cannot Attend November 21?
Early Discount (through 11/01/24)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.