While I have often said that adjudication is the wild west of settling insurance claims because there are no written rules, I suggest readers of this blog take a few minutes to read a bill pending in the Louisiana Legislature1 and ponder the question I never thought I’d say:
Are we better off without written rules when it comes to judging other state law?
In a way, the proposed law tries to prevent people from having any conflicts of interest as appraisers or judges. The pool of available and experienced appraisers and judges will be quite small by the time I read the bill. The parties will have inexperienced people trying to resolve disputed property insurance claims because the experienced will be conflict-free from participating when the current proposed law is written.
The proposed Louisiana law appears to consider the only losses to be real property losses because there is no provision for appointing auditors in a business interruption proceeding, mint experts as to the value of collectible coins, etc. The writer obviously has little experience with the variety of losses at issue .
What do you think of this Louisiana appraisal bill? Should states start making written rules for assessment?
Today̵7;s thought
Time changes everything except something within us that is always surprised by change.
-Thomas Hardy
1 HB 604, La., regular session (2023).
Source link
