Partner Jonathan Schwartz, a member of the firm’s Global Insurance Services practice group, was recently quoted in an article for Law360 about Colorado’s decision to give policyholders and insurers an opportunity to challenge appraisal awards. In ” Insurance Appraisal Battles To Escalate After Colo. Ruling,” Jonathan talks about Owners Insurance Co. v. Dakota Station II Condominium Association Inc., noting that in this case, the fee agreement that was negotiated indicates impermissible bias as a matter of law.
“By leaving open the question of whether an appraiser with a contingency fee agreement can still be impartial, the court left too much of a gray area,” Jonathan said. “The better approach would have been for the court to make the rule unassailable that an appraiser with a pecuniary interest in the outcome of the award is necessarily and unduly partial.”
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More about Goldberg Segalla’s Jonathan Schwartz:
In addition to being the chair of the firm’s Cyber Risk Coverage practice group, Jonathan extends his practice to insurance coverage litigation and counseling across many product lines, including primary and excess commercial general liability, professional liability, errors and omissions (E&O), directors and officers (D&O) liability, municipal and law enforcement liability, commercial property, business auto and cargo liability, employer’s liability, and employment practices liability insurance policies. A mainstay of Jonathan’s practice is extracontractual actions against insurers, and with a nationwide focus, his clients include myriad property and casualty insurers from coast to coast.