Joann Selleck and Maria (Ria) Cousineau of the Global Insurance Department present this one hour Cozen O'Connor webinar on appraisals in California.
Appraisal clauses exist in almost all first party insurance policies. The appraisal process can be a useful mechanism to resolve disputes as to the amount of property damage available under an insurance policy. However, disputes as to damages become complicated when multiple claims are presented for appraisal, when there is a dispute as to causation and/or when there is a dispute as to coverage. Typically, an appraisal panel does not have jurisdiction to address legal issues of coverage or causation. California has unique statutory provisions that control the appraisal process. Additionally recent case law has provided some guidance on how disputes as to causation and coverage are to be handled. As a result, appraisals that were intended to be a straightforward dispute resolution mechanism, can become extremely complicated in California. Issues remain as to the manner in which appraisals are to occur and in what format appraisal awards can be issued in order for them to be effective for the parties and the courts to enforce. This presentation will explore fact patterns that frequently arise and how to address them within the parameters established by statute and by case law in California.
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