Grand Prairie insurance attorneys and those in Fort Worth, Hurst, Euless, Bedford, Grapevine, Colleyville, Saginaw, and other places in Tarrant County would need to have some understanding of the appraisal process and issues that arise from that process. The United States District Court, Southern District, Galveston Division, issued an opinion on May 25, 2012, that should be of some interest.
The style of the case is, KLM Resources, LLC d/b/a Jan-Pro Houston v. Ohio Casualty Company. Here is some background.
KLM filed suit against its insurer, Ohio Casualty Company, seeking to recover its loss of business income as a result of losses suffered by its franchisees following Hurricane Ike. Ohio Casualty invoked its right to an appraisal as provided in the insurance policy. Harold Asher, who had been retained by KLM as an expert on damages, was also appointed by KLM as its appraiser. Ohio Casualty selected Edward Hoffman, a forensic accountant, as its appraiser. Asher and Hoffman agreed to the appointment of Howard Zandman as umpire. Ultimately, Zandman and Hoffman agreed to an award of approximately $5,000. Asher, who estimated KLM’s loss at approximately $92,000, disagreed and refused to sign the award. Since the award was less that the $10,000 advance that had already been paid to KLM, no additional payment was due. Following the award, and facing a motion for summary judgment as to all of its claims, KLM filed a “Motion to Reopen the Appraisal Process.”