Coverage in a Time of Storms

Partner Neil Rambin moderated a panel discussion of first-party coverage issues arising out of the 2017 natural disasters including the use of the appraisal process and losses resulting from both covered and non-covered causes.

Following storm events, disputes can arise over the cause and amount of covered loss. Most policies allow parties to invoke appraisal by a competent and disinterested appraiser or panel to attend to valuation issues. Neil discussed when an appraisal award can be set aside for a party or party appraiser’s failure to disclose potential conflicts of interest. He also discussed concurrent and efficient proximate cause issues, which are likely to arise where covered and excluded causes combine to create a loss.