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Czar

USA
66 Posts

Posted - 03/27/2004 :  07:13:05  Show Profile
Thank you all for your replys and suggestions. As a multi-line local independent, I usually have more then just hail claims on my plate running around after truck losses, house fires, and the occasional slip and fall. I will attempt to apply the suggestions that I have received here, but unfortunately I do not alway get the backing from the carrier when I report no damage. It seems they want the insured to feel "warm and fuzzy".

Thanks again
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katadj

USA
315 Posts

Posted - 03/27/2004 :  08:01:56  Show Profile
The Appraisal process is one that is mis-understood by many.

A)The process can be invoked by any party to a policy which contains the clause. ( most P&C policies contain the clause, and the verbiage may differ)

B)The process is required, prior to bringing suit, but suit can be filed prior to the process.

C)Depending on the State, a local official of jurisdiction (Judge) can require compliance even if in suit.

D)The process is used to bring a swift resolution to the claim, in lieu of the bringing of suit.

E)The process is to resolve any dispute between the parties, except COVERAGE.

F)Both parties do NOT have to agree to the process.

G)Either party can invoke the appointment of an umpire, (required prior to inspection) without the consent of the opposing party, if the appraisal timelines are not met, or if the opposition “fails to act” the appraisal can be terminated.

H)The ONLY decision the umpire is required to make is the differences between the appraisers. (i.e. they agree on everything except the price of a teacup, or they disagree on the entire loss)

I)Any two (2) signatures on an appraisal award are binding and if accepted by the carrier is normally paid. However the appraisal can be vacated for proper cause or the carrier reserves the right to not pay and then the process of suit will follow.

The CADO convention of 2000 had a lengthy discussion on the topic and supplied all interested with documented information.

There finally is a book written on the subject and is available from the author. It is excellent and notes many references to case law.
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fivedaily

USA
258 Posts

Posted - 03/27/2004 :  08:58:19  Show Profile
This thread is far off topic. I have copied posts concerning appraisal into:
http://www.catadjuster.org/forum/topic.asp?TOPIC_ID=916

This thread is now locked.
If you wish to continue the discussion on what is or what isn't hail damage please begin a new thread.

Jennifer, moderator

Edited by - fivedaily on 03/27/2004 09:03:28
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