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Almost all property insurances contain a "valuation clause" similar to that in the standard fire insurance policy.
This assessment provision is considered in many states to be an arbitration procedure. In California, an assessment meets the requirements of Section 1280 and the following of the California Code of Civil Procedure. It is easy to implement and works quickly.
In some states, as set out below, assessment is not considered an arbitration award, but is still enforceable as a contractual provision.
The use of such an assessment will, however, be rendered meaningless if the valuers are bound by some of the definitions of the actual cash value issued by different courts and regulators. They do not have the right to resolve coverage issues but are required to reach their conclusions in accordance with the law of the state where the assessment will take place.
However, the assessors are limited only to determine the size of the loss and the property in question. (Jefferson Insurance Company of New York v. Superior Court 3 Cal. 3d 398, 90 Cal. Rptr. 608 (1970).) Appraisers cannot make decisions outside the limited scope of the policy language. They may not discover that the insured did not own the property, that the insured had no interest in it, that the insured was not entitled to recovery during exclusions of insurance, that the insured made a fraudulent claim or that the loss exceeded the insurance limits.
Assessment is an important right for insurers and their insured to settle, without large costs, legal costs and time to resolve the usual dispute between insurers and insured about the size of the loss.
© 2021 – Barry Zalma Barry Zalma, Esq., CFE, now limits his practice to serving as an insurance consultant specializing in insurance coverage, insurance claims management, bad insurance and insurance fraud almost as much for insurers and insurers.
He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance and claims management attorney and more than 54 years in the insurance industry.
He is available at http://www.zalma.com and email@example.com. Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award. For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following libraries of books and other materials to enable insurance companies and their indemnity staff to become professionals in insurance claims.
Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to Insurance Claims Library-https: //zalma.com/blog/insurance-claims-library/ T the last two issues of ZIFL are available at https://zalma.com/zalmas-insurance-fraud- letter -2 / podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4