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ARTICLE · 21 NOVEMBER 2019

Appraisal Award Ends Property Damage Dispute

Property insurance policies contain provisions to resolve disputes between the policyholder and the insurer over damage claims.

United StatesInsurance

Property insurance policies contain provisions to resolve disputes between the policyholder and the insurer over damage claims. These provisions provide for an independent appraisal of the alleged damaged property with the appraiser’s final award binding the parties. An appraisal award is akin to an arbitration award in many respects. In a recent case, a policyholder was dissatisfied with the appraisal award and sued the insurer for breach of contract and bad faith.

In Villas at Winding Ridge v. State Farm Fire & Casualty Co., No. 19-1731 (7th Cir. Nov. 8, 2019), a condominium complex suffered hail damage during a storm. The damage was not discovered until nearly a year later when the complex had its roofs inspected for possible replacement. A claim was filed by the policyholder with its insurer and the adjuster prepared a repair cost estimate that was not satisfactory to the complex. The carrier paid the claim as estimated, but the parties continued to spar over the

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