Colo. Appraisal Dispute Seems To Discount True Impartiality
By Thomas Blomstrom, Paul Ferland and Charles Rocco (August 29, 2017, 11:35 AM EDT) -- Is it possible to be an advocate, yet remain impartial? If that concept seems oxymoronic to you, then the recent decision of the Colorado Court of Appeals in Owners Insurance Co. v. Dakota Station II Condominium Assoc., 2017 WL 3184568 (Colo.App. 2017) is recommended reading. Owners concerned an insurer's attempt to set aside a property damage appraisal award based on the partiality of the insured's appraiser. Consistent with the standard appraisal provision contained in most property policies, the Owners policy provided that the insurer and the insured would each name a "competent and impartial appraiser." The court denied the insurer's petition, holding...
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