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  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Insurance
  • schedule 90 minutes

The Insurance Appraisal Process: Strategies for Resolving First-Party Claims Effectively and Decisively

$297.00

This course is $0 with these passes:

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Description

Counsel must not fall into the trap of thinking that the appraisal is always as simple and inexpensive as it seems. An appraisal is beneficial when approached carefully and thoughtfully with a full understanding of potential legal issues that should be addressed.

What is to be appraised is often hotly contested. The value of the loss depends on what is covered by the policy, and coverage may turn on causation. The parties may dispute whether an appraiser may determine causation or what the terms of the policy mean. Selecting a competent and qualified umpire is essential, but those standards are not defined in the policy. Policyholders may have to sue the insurer to get paid, and payment of the appraised amount does not always extinguish claims for bad faith or extracontractual liability.

In complex cases, counsel must anticipate and adequately describe how to resolve issues, such as coverage, sub-limits, division of insurable interest, etc. Counsel must know when separate appraisals are necessary and what types of experts may be required for a given loss.

Listen as this experienced panel provides insight and strategies for making appraisal productive and efficient and avoiding confusion, unnecessary disputes, and post-appraisal litigation.

Presented By

Joel P. Gumbiner
Attorney
Williams & Gumbiner, LLP

Mr. Gumbiner was admitted to the California Bar in 1983 after receiving his J.D., with honors, from the University of San Francisco School of Law, where he received the American Jurisprudence Award, Law Review Comment of the Year Award, was a member of the McAuliffe Honor Society, and served as Articles Editor, USF Law Review, Volume 17, 1982-1983. For more than thirty years, he has litigated cases involving insurance coverage and "Bad Faith," real estate and property damage [including landslide, flood, earthquake, construction defect, transactional misrepresentation], and complex injury matters. Mr. Gumbiner has extensive trial and appellate experience in these areas and has written and lectured on insurance-related issues for more than twenty years.

Kevin D. Hansen
Partner
Mccormick Barstow LLP

After spending a year as a law clerk with the California Court of Appeals, 5th District, Mr. Hansen joined McCormick Barstow in 1986.  Mr. Hansen is a partner in the Insurance Coverage and Bad Faith Litigation Practice Group, and has served as its Chair.

Robert J. Norton
President
General Adjusting Services, Inc

Mr. Norton is a court appointed umpire in multiple jurisdictions and state and federal courts. He is experienced with commercial, residential, business income and association losses. Mr. Norton is well versed in Appraisal and is able to manage the process effectively and fairly. He has good negotiation and people skills and is very active in industry and community associations. Mr. Norton is also a qualified expert witness.

Jessica Phillips
Partner
Swift, Currie, Mcghee & Hiers

Ms. Phillips has spent her entire career defending first-party property claims and third-party liability claims. She represents some of the nation’s largest insurance carriers as well as third-party administrators in damage disputes and fraud matters involving roofing, arson, theft and contractor claims, among others. Ms. Phillipsfrequently litigates in state and federal courts and handles cases ranging from roofing disputes involving single-family homes to multimillion-dollar fraud claims.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, July 25, 2023

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Demanding an appraisal: how and when (and when not)
  2. Choosing an appraiser and documenting the agreement to appraise
  3. Selecting an umpire
  4. Defining the scope of the appraisal
  5. Reporting the appraisal
  6. Enforcing or challenging the appraisal

The panel will review these and other issues:

  • Is appraisal ever available in third-party disputes?
  • Are appraisals final? Binding?
  • What is a "competent" umpire?
  • Does payment of the appraisal amount extinguish extracontractual claims?
  • Do appraisers decide coverage disputes or the meaning of policies?
  • What are the practical and tactical considerations in appraisal?
  • What is an "independent" or "disinterested" appraiser?