07/03/2018
Invoking an Appraisal Clause:
If you and your insurance company are in a disagreement on the amount of loss or the scope of damages during a claim settlement, and the company refuses to negotiate, you have an option to settle the claim by invoking an appraisal clause in your insurance policy.
You may be familiar with the term “appraisal” as it relates to getting a professional opinion on the value of real estate or personal property. However, most policyholders are not familiar with the insurance appraisal process. The process of invoking an appraisal clause and its description is located in the Conditions section of most auto owner’s policies (BOP). Here is how it’s described in an ISO insurance AO-3 form:
“If you and we fail to agree on the amount of loss, either may demand an appraisal of the loss. In this event, each party will choose a competent and impartial appraiser within 7 days after receiving a written request from the other. The two appraisers will choose an umpire. If they cannot agree upon an umpire within 5 days. The appraisers will separately set the amount of loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon will be the amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of loss.”
The process of invoking an appraisal requires each party to 1) pay its appointed appraiser and 2) bear the other expenses of the appraisal and umpire equally.