About Insurance Code 2071
The Appraisal of Insurance Claims process is governed by Insurance Code 2071 (IC2071).
In California, the appraisal provision IC2071 follows the same basic rules and laws
of arbitration. Recent case law, including Safeco v. Sharma, Kacha v. Allstate and
Devonwood v. Farmers’ Insurance have all affected the appraisal process significantly.
AMCC has been working with the insurance industry since 1989 to provide comprehensive
facilitation of Appraisals of Insurance Claims. AMCC is a full service dispute resolution
firm with a seasoned, exceptionally qualified panel of Insurance Code 2071 Umpires
and Appraisers, in addition to our exceptional panel of arbitrators and mediators.
Our professional neutrals have been carefully selected for both their extensive
experience in their respective industries and their resolution expertise. Each panelist
has no less than ten years of actual industry specific experience and the requisite
formal ADR training. This means insured and insurers can confidently expect to receive
a fair and accurate resolution to a disputed matter by a specifically trained professional.
More than just a panel of ADR professionals, AMCC also offers comprehensive case
facilitation services. Simply contact us and we will efficiently facilitate the
matter at issue until resolved. We pride ourselves on our accessibility and affordability,
as well as our reputation for outstanding customer service. We offer in person,
telephonic and online resolution options. Professional facilitation of appraisals
is an excellent method of complying with the new insurance code provisions while
maintaining the integrity of the process, with or without counsel.
AMCC is currently offering additional training to adjusters on the processing and
handling of insurance claim appraisals. Since both the statutes and case law governing
this process has significantly changed in recent years, we have created a comprehensive
course with handouts that is typically accomplished between 1-1/2 and 2 hours. This
training can also be modified to fit within any time parameters, including a unit
meeting or other training event.
We look forward to the opportunity to provide careful and timely resolution of your
Insurance Code 2071 appraisals. Please do not hesitate to contact AMCC at (800)
645-4874..
The Appraisal process:
- Failure to agree as to the actual cash value or the amount of loss.
- Upon written request of either, each party shall select a competent and disinterested
appraiser and notify the other of the appraiser selected within 20 days.
- The appraisers shall first select a competent and disinterested umpire.
- Failing for 15 days to agree upon the umpire, the umpire shall be selected by a
judge of a court of record in the state in which the property covered is located.
- Appraisal proceedings are informal unless the insured and this company mutually
agree otherwise.
- No formal discovery shall be conducted, including depositions, interrogatories,
requests for admission; other forms of formal civil discovery.
- No formal rules of evidence shall be applied.
- No court reporter shall be used for the proceedings.
- The appraisers shall then appraise the loss, stating separately
- Actual cash value.
- Loss to each item.
- Appraisers submit their differences, only, to the umpire.
- An award in writing, so itemized, of any two when filed with this company shall
determine the amount of actual cash value and loss.
- Payment
- Each appraiser shall be paid by the party selecting him or her.
- Expenses of appraisal shall be paid by the parties equally.
- The Umpire shall be paid by the parties equally.
- In the event of a government-declared disaster, as defined in the Government Code,
appraisal may be requested by either the insured or this company but shall not be
compelled.
Selected AMCC Appraisers:
Gary A. Halpin, CR, ASA
Daniel C. Smith, GC