Umpires:
A primer
An umpire is a competent, disinterested, impartial
individual who is charged with making a decision regarding
the value of property or the amount of a property
loss.
The WIND Umpire Directory: Who uses it?
Judges, insurance professionals, appraisers, attorneys
Why do judges need to know about the appointment of
umpires?
From time to time Judges may be called upon to select
an umpire, pursuant to an appraisal provision in an
insurance contract.
How is the appraisal process invoked?
The mechanism by which the insured or the
insurer may invoke the appraisal process is specifically
delineated in the insurance contract.
What matters may be resolved in the appraisal
process?
Generally speaking, the appraisal process is not to
resolve issues of coverage or liability, but it is
the proper methodology for resolving valuation issues,
such as the amount of the loss or damage, or the amount
necessary to repair or replace property lost or damaged.
An ideal umpire:
• Will render a timely and impartial decision.
• Is competent.
• Observes high standards of conduct.
• Has integrity.
• Has the ability to render an intelligent decision.
• Commands respect.
• Recognizes a responsibility to the public.
• Guards the integrity and fairness of the appraisal
process.
• Can promote an efficient and just process.
• Is able to maintain the confidentiality of
the process.
• Is trustworthy.
What is the appraisal process?
The appraisal process is a contractual process for
resolving valuation issues. Appraisal provisions have
been included in insurance contracts for over 100
years. Most appraisal clauses in insurance contracts
provide that if the insurer and the insured cannot
agree on the value of the property or the amount of
the loss, either party may make a written demand for
an appraisal. Each party then selects their own appraiser
and the appraisers perform their own independent evaluation.
Prior to the evaluation, the umpire is selected by
the appraisers or the Court is petitioned to appoint
an umpire. If the two appraisers can agree on the
value of the property or the loss, that amount is
established and the process is concluded. If they
cannot agree on the value of the property or the amount
of the loss, then the matter is submitted to the Umpire
for resolution. The Umpire’s decision becomes
binding only by a majority agreement (2 of 3).
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