We typically handle appeals on cases litigated by us. We have successfully appealed several significant issues in insurance law including:

  • Persuading the appellate court to rule that an insurer is absolutely entitled to an examination under oath in a fire loss claim, and that an insured is not entitled to the insurer’s cause and origin report prior to submitting to the examination. (American Reliance Insurance Co. vs. Riggins)
  • Establishing in the appellate court that an insurance carrier can reject a demand for appraisal when it has asserted a fraud or other defense to coverage, even if the insured is disputing the coverage defense. This eliminated the thorny problem of the insured being able to conclusively establish the amount of damages by appraisal prior to presentation of the fraud defense to a jury, when the exaggeration of the claim was the crux of the fraud defense. (Wingate vs. State Farm Fire and Casualty Co.)