In the post, “How Do Judges Appoint Umpires in an Appraisal? A Case Example from Louisiana,” who did the judge appoint? I noted that:
In this case, the judge appointed an umpire who had been appointed before as an umpire and as a special master on a number of other cases. My assumption is that the judge believed that Cade was considered fair based on those qualifications.
Appraisers and umpires must ensure they have the necessary time to efficiently fulfill their responsibilities before committing to an appraisal panel. Both policyholders and insurers concur that policyholders deserve swift and complete compensation for their losses. The fundamental principle of insurance is compromised if policyholders do not receive timely and full payments. Therefore, it is imperative for appraisers and umpires to be prepared to quickly assess the extent of losses and make timely determinations on awards.
The greater the appraisal award is, the greater frequency that the insurance company will flip out and blame somebody or something for causing a large appraisal award. This is the situation in a North Carolina case where the insurance company has sued the umpire.
Steve Badger published a proposed “Statutory Appraisal Process.” He noted on LinkedIn the following, in part:
My post last week about a proposed ‘Statutory Appraisal Process’ created a lot of discussion. Some supported the idea. Others hated it (for various predictable reasons). Everyone, however, agreed that the appraisal process is, or was at least intended to be, an efficient way to resolve disputed claims without the need for litigation.
Everyone also acknowledged that there are problems in the process that need to be corrected.
And here is my effort to address those problems……
…We are currently recommending that our clients include this revised appraisal provision in their policies. Several clients are now in the process of obtaining state regulatory approval of our proposed appraisal clause.
How many policyholders, public adjusters, and appraisers become concerned when the judge picks an umpire who does not seem to have much experience with property insurance or the appraisal process? One reason I suggest that “all parties involved in an appraisal should try very hard to put their heads together to agree on someone they both think will be fair,” as noted in How Do Judges Appoint Umpires in an Appraisal? A Case Example from Louisiana, is that an inexperienced umpire can ruin the appraisal and cause further delays for everybody.
How do judges appoint an umpire in an appraisal? Most appraisal clauses say words to this effect:
If the appraisers do not agree on the selection of an umpire within 15 days, they must request selection of an umpire by a judge of a court having jurisdiction.
Continue Reading How Do Judges Appoint Umpires in an Appraisal? A Case Example from Louisiana
Can a federal judge appoint the umpire in an appraisal? Certainly, many have done so. But a United States Magistrate Judge made a request last week which may indicate that federal courts lack jurisdiction to appoint umpires to New York appraisals.1
Continue Reading New York Appraisal—Can a Federal Judge Choose the Umpire?
Hurricane Irma struck over six years ago. A policyholder who could not obtain a fair recovery took the alternative to litigation by invoking appraisal. Little did the policyholder know that the insurance company would make a federal case out of the matter. The matter has been stagnant in federal court for years, trying to get the matter out of court and before an appraisal panel. Last week, the 11th Circuit Court of Appeals held that parties could not challenge a judge’s ruling compelling the matter to appraisal.1
Continue Reading Hurricane Irma Claim Is Finally Going to Appraisal
Steve Badger sent me his amicus brief in an important appraisal case pending before the Texas Supreme Court. Just before finishing a blog on that brief and the case, I researched what others may be saying about the case. I then read Steve Badger’s LinkedIn page, where he called for the following:
Continue Reading Is Steve Badger Against Appraisals Except Those Similar to the NFIP?
The law sometimes has some strange twists. Right now, if a Louisiana policyholder were to challenge Lloyds claims that arbitration was mandated and do so in a federal Louisiana court, the policyholder would lose. But, if Louisiana policyholder challenged the same issue in a New York federal court, the policyholder would win.