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Timely Notice is your on-the-go source for sharp takes and expert analysis on the latest trends, debates, and developments in the legal industry.

Aug 28, 2018

In a two-part series, Jonathan Kuller, a New Jersey partner in Goldberg Segalla’s Global Insurance Services practice group and manager of Goldberg Segalla’s Superstorm Sandy team, discusses challenges associated with appraisals conducted by less than disinterested appraisers. Jonathan first explains how courts have narrowly construed key appraisal terms to create high standards for disqualification of appraisers. He also describes how courts have looked to arbitration and civil litigation for guidance on creating standards for appraiser partiality. In part two, Jonathan discusses issues stemming from “professional appraisers” who attempt to subvert the collaborative process.  He then explains how the standards for appointing umpires and vacating appraisal awards can be problematic for insurers. Finally, Jonathan concludes with suggestions for insurers to avoid common appraisal pitfalls.