Insurance 101 – Chapter 8 – Volume 92 – Waiver of Appraisal – 2

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.

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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