A Minnesota property owner has a right to an appraisal to determine the cause of a loss even if the insurer contends the damage existed before it issued its policy, a panel of the US 8th Circuit Court Appeals ruled Tuesday.
The appellate panel affirmed a U.S. District Court decision that found that an appraiser must be used to resolve a dispute about when damage occurred. Axis Surplus Insurance Co. had denied a hail-damage claim filed by the owner of an apartment complex, contending that the damage was caused by a hailstorm that struck before it insured the property.
