Waiver of Appraisal – 2
An appraisal clause can be waived. However, “waiver is disfavored because of the public policy preference for conserving judicial resources through arbitration or appraisal.” … Waiver occurs when a party’s conduct is so inconsistent with the appraisal clause that it constitutes an abandonment of the right … Farmers Group, Inc. requested an appraisal pursuant to its policy 10 months after the plaintiff filed suit … In concluding that Farmers Group, Inc. waived its right to invoke the appraisal clause, the court concluded that its participation in the litigation was not merely responsive.
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