Expert storm forecasters calling for a high-grade 2010 Atlantic basin hurricane season, the Institute for Business & Home Safety (IBHS) advises insureds on the the best ways to protect their belongings from hurricane claims. However, the same is true for home insurance claims. Let us take note of the most common misinformation about home insurance claims and hurricane readiness. Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
Too many homeowners buy insurance without reflecting much about what they are actually buying. Naturally, one thing is the premium or cost you pay for it. The cost is the single biggest cause of the insurance coverage purchase that seems to concern most buyers. When it comes to other parts of the insurance policies you purchase, the concerns are almost absent. Most buyers seem to unknowingly think that the insurance policy we purchase is the same, no matter which companies you buy it from. This type of attitude is based upon a fundamental misinterpretation of what the insurance policy is – and how the insurance industry runs. It can also cause insurance disputes. Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
With the proper assistance you can resolve a hail claim dispute with your insurance company, as well as any other insurance problem you may incur. It is untrue for people believe the only way to fight an insurance claim is in a court of law. If you do decide to handle it in such a manner it will require a ton of money and twice as much effort. You will also need to be sure the policy you authorized with the insurance company will even allow you to do such a thing. Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
Insurance companies are tightening their belts when it comes to paying for hail damage claims. Oklahomans, who already pay among the highest insurance rates for homeowners insurance, have a couple of reasons to take comfort despite recent hail storms that caused millions of dollars in hail damage. Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
The majority of policyholders who have ever been a victim of a fire or has suffered damages to their property (home, business, etc.) from fire damage claims will make costly mistakes during and after the claim has been settled. Unfortunately there always seems to be one grossly expensive mistake that most all policyholders make. It’s so simple that it’s hard to believe that people don’t even realize they have done it. Can you even imagine that many policyholder’s who has suffered a fire will rely solely on the insurance company adjuster’s opinion? They allow their adjuster to inspect their property, evaluate and process the claim, and create an estimate for the entire fire insurance claim… Without Any Questions. Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
An increasing number of insurance policyholders have found themselves involved deeply in an insurance dispute about claim damage. Insurance disputes can be financially devastating. A common feeling of most policyholders is that insurance companies are there to actually help them in times of need. Sometimes, that is completely true, however with larger claims, it can feel like you are being taken advantage of. Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
Independent Appraiser Uses Policy To Protect Policyholders
Almost all insurance policies have an appraisal clause that allows the parties of the insurance contract to resolve disputes that may arise during a claim. Appraisal is for the “amount of loss,” only. This is the amount of monies it will cost to fully complete the repairs caused by the claim damages. For instance; policyholders could be forced to use an independent appraiser to settle their differences with the insurance company, using the appraisal process to protect their interests.
In a recent Texas case, JM Walker, LLC v. Acadia Insurance Company, reveals how an independent appraiser and the appraisal process protected a policyholder from mistakes made by the insurance company. Mistakes that could have cost the policyholder “hundreds of thousands of dollars!” Each situation can be a bit different simply by how the appraisal clause is worded in the policy, by the type of damage that occurred, and by all the facts pertaining to the loss.
In this situation, JM Walker owned five buildings in North Richland Hills, Texas. A hailstorm caused damages to the roofs of the five buildings. Walker submitted a claim to his insurance company, Acadia. However, at first Acadia denied the claim after their adjuster determined that the roofs did not need to be fully replaced, and that the damage that was caused by the hail, did not reach the $5,000 deductible that applied to the policy.
Mr. Walker disagreed with that assessment from the insurance company’s adjuster. The two parties could not agree, so Acadia executed its contractual right to appraisal. At first, Mr. Walker tried to litigate the matter in court by filing a lawsuit. However, the Judge advised that the parties should continue with the appraisal process. It is not uncommon for judicial courts to suggest this process, as most policies require that all policy provisions be exhausted before entering the courtroom.
Independent Appraiser Were Used
The appraisal process includes two independent appraisers (one hired by each party) and an appraisal umpire. If the independent appraisers cannot agree on an amount of loss they can submit their differences to the umpire. The umpire in this appraisal process found on behalf of JM Walker and produced an award for the amount of loss at $423,053.96. Appraisal awards are binding, therefore, Acadia paid the amount. (You may recall that their first offer was $0, because they determined the loss to be below the $5,000 deductible.)
JM Walker tried filing an appeal to the United States Fifth Circuit. It was Walker’s belief that he was entitled to more hail damage proceeds and was also seeking additional money for what he believed was “bad faith” actions by Acadia with their miss handling of the claim.
The Court ruled that under Texas law, “appraisal awards made pursuant to the provisions of an insurance contract are binding and enforceable, and every reasonable presumption will be indulged to sustain an appraisal award.” The Court also ruled that an otherwise binding appraisal may only be overturned in only three situations:
(1) when the award was made without authority;
(2) when the award was made as a result of fraud, accident, or mistake; or
(3) when the award was not in compliance with the requirements of the policy.”
Mr. Walker diligently tried to argue on all three points. However, the court dismissed his rebuttal on all three. This appraisal and case is a good resource showing the respect the Texas courts have for the appraisal process. It is my opinion that the Independent Appraiser and the insurance appraisal process protected the policyholder in this situation. Mr. Walker should be happy the policy had such a clause. The work that the Independent Appraiser did during this Appraisal was responsible for Walker receiving $418,053.96 over what the insurance carrier said they owe on the claim.
Independent Appraiser Assistance
If you should ever find yourself in an insurance claim dispute with your insurance company, you should truly consider calling an Independent Appraiser to explore your options with the insurance appraisal process. Independent Insurance Appraisal Services is all we do. Feel free to call Insurance Claims Group, Inc. at 919-669-9111 to have all your independent appraiser questions answered at NO COST.
(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
Expert storm forecasters calling for a high-grade 2010 Atlantic basin hurricane season, the Institute for Business & Home Safety (IBHS) advises insureds on the the best ways to protect their belongings from hurricane claims. However, the same is true for home insurance claims. Let us take note of the most common misinformation about home insurance claims and hurricane readiness. Read the rest of this entry »
