Case Update: AMH Appraisal Consultants, Inc. v. Argov Gavish Partnership

August 18, 2016 |

An owner of building that burned down, and which was insured for substantially less than the cost of rebuilding, brought a negligence action against an appraiser and her company.   Judgment was entered in favor of the building owner. The appraiser and her company appealed the trial court's refusal to submit the negligence of the owner's insurance agent to the jury. The court held that a defendant was not entitled to have the insurance agent placed on the verdict form as a Fabre defendant (non-party) because it did not present expert testimony regarding the agent's alleged negligence. In order to have a non-party placed on the verdict form, a defendant has the burden of proving the non-party's negligence.

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