Archives: Courses

Mini-Course: Appraisal Vs. Arbitration

Mini-Course: Appraisal vs. Arbitration Many courts confuse arbitration and appraisal. Due to that treatment by the courts, the two words are often used interchangeably and can even result in the application of state arbitration codes. In this mini-course, we will differentiate the two terms and how it is used in an insurance appraisal setting.

Negotiations in Appraisal

 Negotiations in Appraisal In this course, we will understand the significance of negotiation in Appraisal. What you will learn in this course:   Determining Your Client’s BATNA Determining Opposing Party’s BATNA Selecting an Approach to the Negotiation Choosing a Strategy: Adversarial vs. Non-adversarial Approach Summarize Your Argument Stages of Negotiation Process [vc_snc embed_type=”_blank” item_id=”24″ item_name=”negotiations-in-appraisal-scorm12-jp9Fg1md” …

Negotiations in Appraisal Read More »

Appraisal Timing Issues

Subject Matter Course: Timing Issues in Appraisal   When to Demand for an Appraisal Timely demand for appraisal Factors determining the timelessness of an appraisal Cited case: Terra Industries, Inc. v. Com. Ins. Co. of America [Iowa] Timing Issues stemming from Appraisal Demands, Demonstrated Cited cases Butler v. Property and Casualty Ins. Co. of Hartford …

Appraisal Timing Issues Read More »

Mechanics of Invoking Appraisal

A) The Demand 332B) The Appraisal Agreement 336 1. The Agreement to Appraise 336 2. The Agreement to Select an Umpire 341C) Remedies if Appraisal is Wrongfully Refused 344D) Failure of Appraisal Pursuant to the insurance contract, the appraisal demand must be in writing. The demand must be clear and unambiguous, such that a person …

Mechanics of Invoking Appraisal Read More »

The Appraisal Award

Pursuant to the Standard Fire Policy, “An award in writing, so itemized, by any two when filed with this company shall determine the amount of actual cash value and loss.” The award must be in writing and sufficiently clear so that a reasonable person could comprehend its conclusion. The award must be signed by at …

The Appraisal Award Read More »