When Is A Party Appointed Appraiser Disinterested

Florida Insurance Guaranty Association v. Branco and limits on who parties can appoint as their disinterested appraiser for loss disputes.

October 21, 2014

Law360, New York (October 21, 2014) -- Most property insurance policies contain a provision that allows either the insurer or the insured to demand appraisal when the parties fail to agree on the amount of a loss. Appraisal provisions generally require each party to select a "competent and disinterested" appraiser, who in turn selects a "competent and disinterested" umpire. Together, the appraisal panel determines the amount of the insured’s loss — they do not determine coverage or interpret the policy.

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Scott G. Johnson

Partner

Chair, Minneapolis Insurance Group

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