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RSJ Enforces Homeowners Appraisal Rights Despite Insurance Companies Objection

RSJ attorney Alexander Jadin helped another homeowner compel an insurance company to participate in the appraisal process pursuant to the terms of its policy.   In the case of Rudd v. Chubb, the insurance company refused to go to appraisal to resolve the cause and amount of the loss. 

Hennepin County District Court Judge M. Jacqueline Regis, relying on the Minnesota Supreme Court's decision in Quade v. Secura, was not persuaded by the insurance company's arguments that determining the amount of loss was a coverage question and that appraisal panels are not permitted to determine the cause of the loss. 

The determination of the cause of the loss is integral to the determination of the amount of loss and is absolutely part of appraisal.

The Court determined that the insurance company's failure to participate in the appraisal process was breach of the insurance policy and compelled the insurer to participate in the appraisal.  

If your insurance company refuses to participate in the contractually and statutorily required appraisal process, RSJ can help. If this happened to you, call us today!

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