| What happens when agreement over the value of property cannot be reached? Most policies have a provision which sets out a method to resolve such disputes. It is called the Appraisal Clause. It is used to decide those value issues that you and the adjuster cannot resolve between yourselves. It does not resolve any other type of disagreement such as liability, policy interpretation, etc. It is unlikely that you or the insurer will opt for an appraisal. However, it is useful to you in the event that a disagreement in price is so significant that you would be less than fairly indemnified. The procedure for appraisal is where you and the insurer each select an impartial individual. These two people are referred to as appraisers. They can be any competent and disinterested person so long as they exercise good judgment and impartiality. For example, a contractor or someone who is familiar with construction would act as a good appraiser since they have knowledge of the costs for materials, labor, licenses, etc. However, a contractor who has submitted a bid to you for restorations would not qualify since they have a financial interest in the outcome of the appraisal. The same holds true for an agent or employee of the insurance company. If you have reason to believe that an appraiser is not qualified, competent or impartial, provide written notice to that affect to the insurer immediately. Once you have accepted the insurers appraiser and they have accepted yours, the two appraisers will then select one other person. If they cannot agree on someone you or the insurer can ask a local judge to select someone. This third appraiser is called an umpire. He will be used to break any deadlocks between the two appraisers. You and the insurance adjuster will provide a list of the unresolved items to the appraisers and they will determine a fair price and resolve the dispute. If you or the insurer request an appraisal timely notices must be made. Firstly, a written notice of intent must be sent by the party initiating the appraisal to the other. Secondly, within 20 days after receipt of this notice each party must provide the other with the identity of their appraiser. Thirdly, providing there is no disagreement regarding the qualifications of either appraiser, the appraisers must select an umpire within 15 days. Once that is done the two appraisers, with the help of the umpire if needed, will resolve the issues and notify you and the insurer of the results. If it has been more than sixty days since you filed your Proof of Loss and the insurance company has not notified you of any dispute they have with your claim they waive their right to the appraisal process and are obligated to pay the full amount as you indicated in your Proof of Loss. The costs for the appraisal are shared by both you and the insurer. You pay for your appraiser, the insurer pays for theirs. And the umpire costs are split between you and the insurer. The three are normally paid on an hourly basis plus expenses, and never on a commission basis.
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