STORY FROM: Superstorm Sandy Insurance Litigation

Insurer Did Not Waive Right to Invoke Appraisal Provision, Calif. Appellate Court Affirms

SAN JOSE, Calif. — An insurer did not waive a policy term requiring appraisal in the event of dispute over the amount of scope or loss, a California appellate court has affirmed in a windstorm damage case, noting that the insurer had repeatedly stated that it was not waiving its right to invoke the prerequisite in its correspondence with the policyholder and in its answer.

In a June 27 opinion, the California Court of Appeal, 6th District, further affirmed that the appraisal prerequisite was valid.

On January 19, 2012, a windstorm damaged Larry Blackwell’s mobile home, which was insured by ...

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