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RSJ Recovers Pre-Award Interest On Insurance Appraisal Award

RSJ member Anthony T. Smith successfully obtained an Order from the Hennepin County District Court that granted pre-award interest on an insurance appraisal award for one of the firm's townhome association clients.

The case, Timberton Condominium Association v. Mid-Century Insurance, Hennepin County District Court Case No. 27-CV-11-24814, involved storm damage to a townhome association's roofs. The association's insurance company, Mid-Century, adjusted the loss and claimed that the damage was less than the deductible. The association disagreed with Mid-Century's valuation of the storm damage, and demanded an appraisal under its property insurance policy.  Mid-Century denied the association's request. 

Smith first successfully moved the court for an order compelling Mid-Century to submit the dispute to an insurance appraisal.  Following the court-ordered insurance appraisal, the appraisal panel awarded the association nearly 86 times more than Mid-Century's original loss valuation.

Smith then brought a motion for pre-award interest on the appraisal award under Minnesota's pre-award interest statute, Minn. Stat. 549.09.  Mid-Century opposed the motion, and argued that the association was not entitled to interest.  The court rejected all of the insurance company's arguments and granted the motion for pre-award interest.

This case significantly strengthens the rights of property insurance policy holders by giving them a way to offset the legal costs they are sometimes forced to incur when their insurance companies improperly undervalue their insurance claims.

Download the Hennepin County District Court's Order here.

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