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September 22, 2010


settlement dispute

Very interesting. As an Appraiser, I often encounter problems with the umpire appointment; the two Appraisers cannot agree on an individual to serve as Umpire.
The remedy is for either party to petition the local court of record to appoint an Umpire. Often, the issues are in result of the carrier's appointed Appraiser's attempt to only choose or agree to an Umpire who is a fellow insurance company advocate.... As a result, I often petition the courts to appoint an umpire. HOWEVER, in larger and more complex cases, I suggest to the insured that they should retain legal representation to petition the court. of course, this can be an unexpected and expensive cost to the insured.
Currently, I argue this cost as a "cost of the appraisal", to be shared equally by the parties. My question after reading your post and the related court opinions is this: can the insured successfully argue attorney fees for petitioning the court?


Phillip Crimaldi

This is an interesting review and article about the appraisal clause.

Upon review, I agree that the reversal on the multiplier for attorney fees was relevant to the case law.

I was surprised to learn that some insurers bind themselves to making payment on appraisal awards in a certain amount of time.

Too many policy framers fail to realize the variables their claim departments are exposed to. Applying a time limit for appraisal payments not only safeguards the insurer against bad faith and other litigation, but it applies a gentle pressure on claim representatives to keep a close eye on their post-award appraisals. All to often claims can take months to reach the appraisal process. These claims can easily end up on the back burner of a claim department and the limit helps those departments.

This is a great site and very informative.

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