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A Video Explaining Appraisal in a Homeowners Claim  

https://zalma.com/blog

Almost all homeowners policies contain an \\u201cappraisal\\u201d clause similar to  that in the Standard Fire Insurance Policy.  Appraisal should be used as a last resort when all efforts to reach an  agreed amount of loss with the insured have failed. The appraisal  provision is optional, and neither the insured nor the insurer is  obligated to invoke that provision. [Overland Plumbing, Inc. v.  Transamerica Insurance Company, 119 Cal. App. 3d. 476, 174 Cal. Rptr. 1  (1981).]  Under civil practice rules, appraisal can be a formal proceeding at  which witnesses are subpoenaed to testify; evidence, both oral and  documentary, can be produced to the arbitrators; and, within the limited  scope of the appraisal, a trial, much like that in a lawsuit, can be  had.  The appraisers are limited, however, only to decide the amount of loss  and the value of the property in question. (Jefferson Insurance Company  of New York v. Superior Court, 3 Cal. 3d 398, 90 Cal. Rptr. 608 (1970).)  The appraisers cannot make decisions outside the limited scope of the  policy language. They cannot find that the insured did not own the  property, that the insured had no interest in it, that the insured was  not entitled to recovery under policy exclusions, that the insured  presented a fraudulent claim, or that the loss exceeds the policy  limits.  \\xa9 2021 \\u2013 Barry Zalma  Barry Zalma, Esq., CFE, now limits his practice to service as an  insurance consultant specializing in insurance coverage, insurance  claims handling, insurance bad faith and insurance fraud almost equally  for insurers and policyholders. He also serves as an arbitrator or  mediator for insurance related disputes. He practiced law in California  for more than 44 years as an insurance coverage and claims handling  lawyer and more than 52 years in the insurance business. He is available  at http://www.zalma.com and zalma@zalma.com.  Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE  Legend Award.  Over the last 53 years Barry Zalma has dedicated his life to insurance,  insurance claims and the need to defeat insurance fraud. He has created  the following library of books and other materials to make it possible  for insurers and their claims staff to become insurance claims  professionals.  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 at Rumble.com at https://rumble.com/c/c-262921; Go to Barry  Zalma on YouTube-  https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the  Insurance Claims Library \\u2013  https://zalma.com/blog/insurance-claims-library/ Read posts from Barry  Zalma at https://parler.com/profile/Zalma/posts; and the last two issues  of ZIFL 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