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.

Sponsorizzato

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

Cerca
Categorie
Leggi tutto
Politics
CNN Sucks!
CNN Sucks! CNN Sucks! CNN Sucks! CNN Sucks! CNN Sucks! CNN Sucks! CNN Sucks! CNN Sucks! CNN...
By Meme King 2020-11-18 02:40:24 0 4K
Altre informazioni
Lessee's Agreement to Self-Insurer Lessor Required to Defend
Self Insured Lessee Must Defend Lessor Read the full article at...
By Barry Zalma 2021-07-07 12:34:58 0 3K
True Crime
True Crime of Insurance Fraud Video Number 80
What a Great Country! Read the full article at https://lnkd.in/gx88hgcq and see the full video at...
By Barry Zalma 2022-05-25 16:25:48 0 4K
Altre informazioni
Insurance Expert May not Testify About Causation or the Law
An Expert Witness May Not Testify Outside his Field of ExpertiseRead the full article at...
By Barry Zalma 2021-11-11 13:31:27 0 3K