The Insurance Appraisal Process: Strategies for Resolving First-Party Claims Effectively and Decisively
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel through the facially simple appraisal option for settling disputes between the policyholder and insurer over the value of a loss. Each party hires an appraiser to value the loss, and the appraisers pick an "umpire" to decide the issue if the appraisers disagree.
Outline
- Demanding an appraisal: how and when (and when not)
- Choosing an appraiser and documenting the agreement to appraise
- Selecting an umpire
- Defining the scope of the appraisal
- Reporting the appraisal
- Enforcing or challenging the appraisal
Benefits
The panel will review these and other issues:
- Is appraisal ever available in third-party disputes?
- Are appraisals final? Binding?
- What is a "competent" umpire?
- Does payment of the appraisal amount extinguish extracontractual claims?
- Do appraisers decide coverage disputes or the meaning of policies?
- What are the practical and tactical considerations in appraisal?
- What is an "independent" or "disinterested" appraiser?
Faculty
Joel P. Gumbiner
Attorney
Williams & Gumbiner
Mr. Gumbiner was admitted to the California Bar in 1983 after receiving his J.D., with honors, from the University of... | Read More
Mr. Gumbiner was admitted to the California Bar in 1983 after receiving his J.D., with honors, from the University of San Francisco School of Law, where he received the American Jurisprudence Award, Law Review Comment of the Year Award, was a member of the McAuliffe Honor Society, and served as Articles Editor, USF Law Review, Volume 17, 1982-1983. For more than thirty years, he has litigated cases involving insurance coverage and "Bad Faith," real estate and property damage [including landslide, flood, earthquake, construction defect, transactional misrepresentation], and complex injury matters. Mr. Gumbiner has extensive trial and appellate experience in these areas and has written and lectured on insurance-related issues for more than twenty years.
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Kevin D. Hansen
Partner
McCormick Barstow
After spending a year as a law clerk with the California Court of Appeals, 5th District, Mr. Hansen joined McCormick... | Read More
After spending a year as a law clerk with the California Court of Appeals, 5th District, Mr. Hansen joined McCormick Barstow in 1986. Mr. Hansen is a partner in the Insurance Coverage and Bad Faith Litigation Practice Group, and has served as its Chair.
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Robert J. Norton, CPCU, AIC, ARe
President
General Adjusting Services
Mr. Norton is a court appointed umpire in multiple jurisdictions and state and federal courts. He is experienced with... | Read More
Mr. Norton is a court appointed umpire in multiple jurisdictions and state and federal courts. He is experienced with commercial, residential, business income and association losses. Mr. Norton is well versed in Appraisal and is able to manage the process effectively and fairly. He has good negotiation and people skills and is very active in industry and community associations. Mr. Norton is also a qualified expert witness.
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Jessica Phillips
Partner
Swift, Currie, McGhee & Hiers
Ms. Phillips has spent her entire career defending first-party property claims and third-party liability claims. She... | Read More
Ms. Phillips has spent her entire career defending first-party property claims and third-party liability claims. She represents some of the nation’s largest insurance carriers as well as third-party administrators in damage disputes and fraud matters involving roofing, arson, theft and contractor claims, among others. Ms. Phillipsfrequently litigates in state and federal courts and handles cases ranging from roofing disputes involving single-family homes to multimillion-dollar fraud claims.
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