Texas Court Finds That Appraiser Does Not Have to Be Impartial If Policy Does Not Require Impartiality

Originally published by Chip Merlin.

On a recent Texas public adjuster listserv which is monitored by Steve Hadhazi, Steve asked whether a public adjuster must be "impartial" if the appraisal clause has this language:

If we and you do not agree on the amount of loss, either may demand an appraisal of the loss. In this event, each party will select a competent appraiser. The two appraisers will select an umpire. The appraisers will state separately the actual cash value and 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 be binding. Each party will: 1. Pay its chosen appraiser; and 2. Bear the expenses of the appraisal and umpire equally. We do not waive any of our rights under this policy by agreeing to an appraisal.

Nowhere does the language indicate that the appraiser has to be disinterested or impartial. I recently noted how an attorney could be stricken as a "partial" appraiser in Steve Badger Stricken as Biased…

.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

from Texas Bar Today http://ift.tt/1LtP8yE
via Abogado Aly Website