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January 15, 2024

CHALLENGING APPRAISAL BASED ON WAIVER.

"The party challenging the validity or enforceability of an appraisal clause based on waiver bears the burden of establishing both waiver by conduct of the party seeking appraisal and prejudice to itself."  Coleman v. Amguard Ins. Co., ___ F. Supp. 3d ___, No. 4:22-cv-03442, 2023 WL 9052250, at *1 (S.D. Tex. Dec. 28, 2023).

Appraisal is the author's subject in § 2:7, Volume 1 of Catastrophe Claims / Insurance Coverage for Natural and Man-Made Disasters (Thomson Reuters Nov. 2023 ed.).

Please read the disclaimer.  ©2024 Dennis J. Wall.  All rights reserved.

 

Posted by on January 15, 2024 at 12:57 PM in Appraisal, Waiver |

Tags: #Appraisal, #Colemanv.AmguardInsurance, #S.D.Tex., #Waiver

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