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How Do You Choose an Appraiser When You Have a Commercial Property Claim?

Writer: Inge JohnstoneInge Johnstone


Courts will usually enforce appraisal awards absent some conduct such as fraud or

collusion. Since there are very few avenues for challenging an appraisal award,

the selection of a good appraiser is critical. Put simply, a good appraiser will help you get a

better result. In looking for an appraiser, you will want to consider their background,

experience, credentials, and character.


Background

Look for an appraiser with a background appraising the type of property involved in the

insurance claim. If this is a commercial property claim, you will want to look for someone

with a commercial construction or insurance adjusting background. If you choose

someone with an adjusting background, you likely will want to choose someone who is

or has been a public adjuster. Public adjusters represent policyholders. They can be

contrasted with independent adjusters who work for insurance companies. Unless you

have prior positive experience that tells you otherwise, you don’t want to select

someone whose only adjusting experience has been working for insurance companies

because they may have been influenced by the general trend in the insurance industry

of squeezing claims costs.


Experience

Also, look for an adjuster who has significant experience with the appraisal process and

with conducting appraisals for policyholders in that process. As a reminder, after you

name your appraiser, the insurance company will name their appraiser, and if the

appraisers do not agree on value, they will select an umpire who will decide between

them. If they can’t agree on an umpire, then one or both of the parties will need to

petition a court to appoint one. However, as a practical matter, the appraisers may want

to agree on an umpire before they develop their valuations so that they can coordinate

the process with the umpire and establish the procedures that they will follow.

Familiarity with the process will help your adjuster anticipate problems that might arise,

select a good umpire, and help establish credibility.


Credentials

There are several bodies that formally train and certify appraisers. These include the

WIND network, and the Association for Property Insurance Appraisers and Umpires.

Selecting an appraiser with a certification from WIND or IAUA can ensure that your

appraiser has the technical knowledge to be accurate and persuasive


Character

An appraiser’s character and reputation can be important assets. An ideal appraiser

should be someone that people trust and who can communicate effectively. Appraisal

will involve negotiating with the other appraiser and also communicating persuasively to

the umpire. Knowledge, integrity, and the ability to communicate go a long way. When

you are interviewing appraisers, ask yourself whether you find them knowledgeable and

trustworthy.


As always, if you have any questions or need help, contact us.

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Inge Johnstone 

Johnstone Trial Law, LLC

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