Appraisal panels have few rules to follow about what they can and cannot consider in determining the amount of the loss. In a case recently decided,1 a policyholder refused to continue in an appraisal because the panel was presented evidence of a subsequent loss. The policyholder argued that this breached the appraisal agreement. 

Continue Reading Appraisal Panel Can Hear Evidence of Damage Caused By Other Events

Steve Badger sent me a legal brief in response to my Wednesday post, Are Insured-Appointed Appraisers Without a Public Adjuster License Breaking the Law? Badger’s brief is worth reading because it raises the issue of whether insurance appraisers can be biased and show favoritism to the party that appoints them. I know thousands of readers will point the finger at Badger, claiming that his insurance company clients always appoint biased appraisers. I agree. But my bet is that Steve Badger will say, “prove it!”

Continue Reading Can Insurance Appraisers Be Biased and Show Favoritism?

The State of Florida, through its Department of Financial Services, is making a legal argument that those appointed as an appraiser by an insured must fall within the license requirements of a public adjuster. Florida is making this argument in an administrative hearing where they are trying to discipline a public adjuster.1 Buried in that case is the following argument by the Department, which, if successful, will change who may be appointed as appraisers: 

Continue Reading Are Insured-Appointed Appraisers Without a Public Adjuster License Breaking the Law?

A lawsuit filed by Church Mutual seems to be part of a trend of insurers analyzing high-value appraisal awards and not paying them. I recently mentioned the nationwide non-payment of appraisal awards by State Farm in
Why Has State Farm Stopped Paying Appraisal Awards? The instant lawsuit1 argues that the award inherently is subject to coverage determinations of unowned amounts because the appraisal panel said they never applied any of the policy conditions:
Continue Reading Are More Appraisals Being Challenged By Insurers—Why Go to Appraisal If Insurers Will Not Pay the Appraisal Award?

The Property Loss Appraisal Network (P.L.A.N.) is holding its appraisal and umpire and certification course in Denver. It was a pleasure for me to speak at this event.
Continue Reading Should Umpires Be Allowed to Have Ex Parte Communications With Appraisers? — The Colorado 2015 Revision to DORA Bulletin No. B-5.26