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Insurance Law Hawaii

A commentary on insurance coverage issues in Hawaii and beyond

cause of loss

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Motion for Reconsideration Challenging Appraisal Determining Cause of Loss Denied

By Tred R. Eyerly on October 18, 2023

    The court rejected the insurer's motion for reconsideration attempting to set aside the appraisal award that determined the cause of loss. Mesco Mfg., LLC v. Motorists Mut. Ins. Co., 2023 WL 5334659 (S.D. Ind. Aug. 18, 2023). 

    Mesco suffered a loss to the roofs of its facilities due to hail…

Posted in Appraisal, Hail Damage

Appraisal Request Found Inappropriate When Causation at Issue

By Tred R. Eyerly on August 21, 2023

    The court denied a motion to compel an appraisal upon determining the cause of the loss was still at issue. QBE Sec. Ins. Co., et al. v. The Enclave at Oak Hill Owners Association, 2023 U.S. Dist. LEXIS 107040 (S.D. Ala. June 21, 2023).

    Buildings at the Enclave were…

Posted in Appraisal, First Party Insurance, Hurricane

Appraisal Ordered After Carrier Finds Loss Even if Cause Disputed

By Tred R. Eyerly on March 9, 2022

    The court ordered an appraisal when the parties differed on the amount of loss to the dwelling even when the carrier contended the dispute was over the cause of the loss. Khaleel v Amguard Ins. Co., No. 21 C 992, Memorandum Opinion and Order (N.D. Ill. Feb. 11, 2022). The order…

Posted in Appraisal, First Party Insurance, Hail Damage
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