Avoiding Gamesmanship In Appointing Appraisal Umpires

Law360, New York (November 24, 2015, 11:07 AM EST) -- Appraisal has long been utilized as a tool for resolution of disputes over the amount of loss at issue in property insurance claims. Unfortunately, the appraisal process has devolved in recent years. What was once considered an efficient means of resolving insurance claims is now a nonjudicial dispute resolution process largely devoid of procedural rules or ethical guidelines. An entire cottage industry of professional appraisers and umpires has emerged, many of whom have learned to manipulate the process for their client's benefit and their own financial gain. While the appraisal process sometimes still works as intended, appraisal today is often capable of giving rise to more disputes than it ultimately resolves....

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