Bob Norton always raises a Pennsylvania case1 at the Insurance Appraisal and Umpire Association (IAUA) seminars that is cited in Jonathan Wilkofsky’s treatise, The Law and Procedure of Insurance Appraisal (3rd Edition).2 Everybody doing appraisals should purchase Jonathan’s book.
Remember my post last January, Property Insurance Appraisal Law Is Dynamic? Me neither. However, the insurance company losing the issue regarding causation being allowed in appraisal in Indiana would not give up.
The recent post, What Happens If One Appraiser Refuses to Participate in the Appraisal?, resulted in numerous comments. One comment from attorney Tom Hamrick raised an issue between an appraiser refusing to participate and a party withdrawing from an appraisal:
Continue Reading The Problem of the Non-Participating Appraiser Versus Withdrawal From an Appraisal
Steve Badger and I were hitting hard during our debate at the Insurance Appraisal and Umpire Association (IAUA) event in Houston last week. At one point, I almost went down for the count. I have to admit that he had me stumbling backward after pointing out some “fair” language he drafted in a proposed memorandum of appraisal. I was stunned to see something which seemed “fair” from my clever opponent.
Continue Reading What Happens If One Appraiser Refuses to Participate in the Appraisal?
The Federal Arbitration Act is being raised in more court proceedings as pre-empting state common law regarding appraisal. I noted this last month in Is Appraisal an Arbitration Under the Federal Arbitration Act?
Continue Reading Is Appraisal Governed Under the Federal Arbitration Act?
A Florida federal judge recently wrote the following regarding a dispute over an appraisal:
Under Florida law, appraisal requirements in an insurance contract are treated as arbitration provisions, ‘narrowly restricted to the resolution of specific issues of actual cash value and amount of loss.’ Galindo v. ARI Mut. Ins. Co., 203 F.3d 771, 776 (11th Cir. 2000) (quoting U.S. Fid. & Guar. Co. v. Romay, 744 So. 2d 467, 469 (Fla. Dist. Ct. App. 1999)).1
If you were to read this case Order and the cited opinions, the answer to the post would be “yes.” But not so fast my friend.
Continue Reading Is Appraisal Treated as Arbitration in Florida?
Four years ago, I posted Appraisal: Competent, Disinterested and Impartial. Are appraisers and Umpires Ever Actually Any of the Three?, and posted the following chart:
Continue Reading Who Is Competent to Be an Appraiser to an Insurance Loss?
Yesterday’s post, Should Appraisers Be Advocates For A Party To An Appraisal?,noted the importance for insurance appraisal participants to first determine what state law applies. A clear example of this important point is the post, Appraisal Is Not Governed Under Arbitration Rules in Utah, where Utah directly holds that appraisal is not arbitration and the Utah Arbitration Act does not apply to an insurance appraisal. Contrary to that view, Rhode Island directly finds that its arbitration laws apply to insurance loss appraisals.
Let’s get right to the point of this post because it is the same message I made in Appraisal Is Not Governed Under Arbitration Rules in Utah:
For appraisers and umpires, it is important to read the policy language regarding the appraisal process and policy terms regarding valuation. Then, the panel must thoroughly understand the state laws and regulations impacting the policy language regarding appraisal and valuation. State law varies on these issues and is constantly changing. Appraisers and umpires have to keep up.
Continue Reading Should Appraisers Be Advocates For A Party To An Appraisal?
Over the past several days, I have provided a brief study of Utah appraisal law. For appraisers and umpires, it is important to read the policy language regarding the appraisal process and policy terms regarding valuation. Then, the panel must thoroughly understand the state laws and regulations impacting the policy language regarding appraisal and valuation. State law varies on these issues and is constantly changing. Appraisers and umpires have to keep up.
Continue Reading Appraisal Is Not Governed Under Arbitration Rules in Utah