Insurance 101 – Chapter 9 – Volume 71 – Appraisal Immunity

Appraisal Immunity

In Lambert v. Carneghi, No. A113388 (Cal. App. Dist.1 01/11/2008), the California Court of Appeal found that since an appraisal is an arbitration under California law, the appraiser is immune from suit for actions in  the appraisal. “It long has been recognized that, in private arbitration proceedings, an arbitrator enjoys the benefit of an arbitral privilege because the role that he or she exercises is analogous to that of a judge. … This rule-immunizing arbitrators in private contractual arbitration proceedings from tort liability-is well established in California. [Citation.]”140 There is no reason why an appraiser who is required by statute to be “disinterested” should be subject to tort liability in connection with his role as an appraiser, given this state’s preference to provide immunity to those who perform the function of resolving disputes between parties.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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