Appraisal Clause

[Mark Cobb -ME]

Advocate, do you know of any case law.....any state dealing with this?

Post a few tidbits?


Thanks

[bob]

“expeditious and inexpensive”

MA Appeals Court, Harrison v Woodland 1999

Section 191A has not, to our knowledge, been the subject of
any published opinion of the appellate courts of the
Commonwealth. The statute forbids the issuance of any
automobile policy without the incorporation of the substance
of Sect. 191A, thereby offering insurers and policy holders
an expeditious and inexpensive means of resolving motor
vehicle damage claims.

[Advocate]

This is a little dated, but has more than a few cases.

Let me know if need more. :D

http://www.harmonie.org/Document%20Library%20files/Cook.Yancey_AppraisalClausePaper.pdf

[Mark Cobb -ME]

Give me all you got.......never enough...Thanks for this though, nice read....

[Ken]

12/23/92 TRUMAN GREEN, d/b/a Tru's v. INTERNATIONAL INSURANCE COMPANY,
International argues that these facts do not demonstrate any bad faith on its part. It contends that it fulfilled its obligation under the contract by submitting the dispute to arbitration and that there is no evidence that International was responsible for the delay in the arbitration process. International maintains that Leisen (appraiser) was not its agent and that any dilatory conduct by the appraisers cannot be attributed to it as a matter of law.

Plaintiff contends, and we agree, that simply submitting to the appraisal process did not extinguish International's contractual obligation. International still had an obligation to participate in good faith in the appraisal process and may be held liable if it unreasonably delayed that process.
the court may award damages for unreasonable delay even though the insurer pays the full amount due before suit is filed. Calcagno v. Personalcare Health Management, Inc. (1991), 207 Ill. App. 3d 493, 504.