About the Course
Introduction
This CLE course will guide counsel through the facially simple appraisal option for settling disputes between the policyholder and insurer over the value of a loss. Each party hires an appraiser to value the loss, and the appraisers pick an "umpire" to decide the issue if the appraisers disagree.
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
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.
Mr. Hansen has developed expertise in the investigation, analysis and litigation of first and third party insurance coverage and fraudulent claims, including arson, bodily injury, property loss, fraudulent ring activity, motor vehicle claims, catastrophe claims, appraisal, subsidence and land failure coverage disputes, construction defect coverage, life insurance, uninsured and underinsured motorist claims and environmental contamination claims. He has also handled many types of litigation defense, including general negligence, construction defect, products liability, premises liability and other general litigation. Mr. Hansen is admitted to practice before all California State Courts and U.S. District Courts for the Eastern, Central, and Northern Districts of California.
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.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, July 28, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Demanding an appraisal: how and when (and when not)
II. Choosing an appraiser and documenting the agreement to appraise
III. Selecting an umpire
IV. Defining the scope of the appraisal
V. Reporting the appraisal
VI. 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?
Related Courses
The Insurance Appraisal Process: Strategies for Resolving First-Party Claims Effectively and Decisively
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Insurance Exclusions for AI Liabilities: Avoiding Pitfalls of Unsettled Policy Definitions; New ISO Endorsements
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Bad Faith and Weather Claims: Concurrent Causation, Ensuing Losses, Extent of Damages, Role of Experts
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