When Insured and Insurer Disagree on quantum of loss Appraisal Resolves Dispute

0
3K

Appraisers Authority Limited to Determining Actual Cash Value of Loss

Read the full article at https://www.linkedin.com/pulse/when-insured-insurer-disagree-quantum-loss-appraisal-barry and at https://zalma.com/blog plus more than 3800 posts.

Shawn Rees appealed an order denying his petition to vacate an appraisal award he believed undervalues the cost to repair flood damage to his house. He contended that the appraisers exceeded the scope of their authority when preparing the award. In Shawn Rees v. American Security Insurance Company, et al., 2d Civil No. B302938, California Court of Appeals, Second District, Sixth Division (July 21, 2021) the California Court of Appeal resolved the dispute.

ZALMA OPINION

Appraisers, applying their separate duty, were obligated to determine the ACV and RCV loss to the property. They do so independently and are not required to accept, as given, the agreements made by the insured and the insurer before the appraisal began. The two party appointed appraisers reached an agreement without seeking the assistance of the umpire. They did what the policy required and their conclusions became the law of the case and limited the recovery to their finding which will become a judgment.

Sponsored

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Search
Categories
Read More
Other
Criminal Sexual Abuse of Students Excluded
Criminal Sexual Abuse of Students Excluded Read the full article at https://lnkd.in/grEsE2pH and...
By Barry Zalma 2023-03-16 12:56:47 0 5K
Other
Facts are Important
Facts Are Important Read the full article at https://lnkd.in/gVVahAMh and see the full video at...
By Barry Zalma 2023-11-02 13:08:25 0 4K
Other
Endorsement Overrules Body of Insurance Policy
Endorsement Makes Supplemental Exclusion an Addition to Policy Wording Even Though Excess Policy...
By Barry Zalma 2020-12-10 13:50:13 0 3K
Politically Incorrect
Commie-Con
View the source... I’m going to be honest, but as you may have already guessed, I really...
By Scathing Take 2020-09-03 21:08:37 0 8K
Other
Flood Exclusion
See the full video at...
By Barry Zalma 2022-09-07 12:59:08 0 3K