Midwest Victories: SJJ Protects Ohio Policyholders’ Right to Appraisal in Two Recent Cases

Smith Jadin Johnson attorneys Tim Johnson and Anthony Remick recently won two important decisions regarding insurance appraisals in Ohio that will help shape the process to benefit policyholders across the state.  Appraisal is an important out of court dispute mechanism often found in property insurance policies designed to resolve disputes over the amount of loss after damage occurs.  The issue in dispute in both of these cases involved whether an appraisal panel has authority to assess the total amount of loss or if the panel can only assess the price to make repairs the insurer unilaterally determined are necessary.  Both the U.S. District Court for the Northern and Southern District of Ohio recently held that insureds may proceed with appraisal to determine the entire amount of loss.

Both cases can be viewed here:

Westview Vill. v. State Farm Fire & Cas. Co., No. 1:22-CV-0549, 2022 WL 3584263, at *1 (N.D. Ohio Aug. 22, 2022)

Stonebridge at Golf Vill. Squares Condo. Ass’n. v. Phoenix Ins. Co., No. 2:21-cv-4950, [Citation Pending] (S.D. Ohio Sept. 22, 2022).

When a policyholder and insurance company disagree about the amount of loss, appraisal is an incredibly effective tool to resolve that dispute without the costs and delays of traditional litigation.  It provides a quicker resolution so the repairs can begin sooner.  In spite of these decisions, many insurance companies in Ohio refuse to participate in appraisal despite it being provided for in the policy.  If your claim has been turned down or the right to appraisal of the full amount of loss has been refused, call us today!