Hurricanes Ida and Irma, California wildfires, ice storms, deluges, and sinkholes – in recent years, the insurance industry has paid out record property losses to businesses and homeowners under first party policies. Even when the claim does not arise out of a natural disaster, valuation disputes are frequently part of the loss adjustment process.
Appraisal is an arbitration-like procedure, long recognized by state legislatures and the courts as the standard method for resolving most property valuation issues. As the stakes get higher, and resolution of property loss claims increases in complexity, understanding the rules of appraisal is an important tool for obtaining prompt and effective resolution of your client’s insured property losses.
In this upcoming webinar, our panel will share practical tips, insights, and current updates.
Key topics to be discussed:
When is appraisal mandatory; can your client opt out?
Timing and waiver of the appraisal demand
Selecting “competent and disinterested” appraisers; making effective use of your client’s retained experts
Coordinating appraisal with judicial resolution of coverage issues (including proper methods for valuing the “insured” loss), confirming or challenging the panel’s award in court
Date: February 24, 2023
Jeanine M. Donohue | Buchalter
Jeanine M. Donohue is a member of the firm’s Litigation Practice Group and Wineries, Vineyards and Breweries Practice Group. She practices in the firm’s St. Helena and San Francisco offices.
With over 30 years of experience, Jeanine is a big picture strategist who quickly appreciates the 30,000 foot major issues, while also being attentive to the nuances and important details of each matter she handles. Jeanine has particular expertise and success counseling clients on how to avoid litigation.
Jeanine maintains a broad litigation practice that includes products liability, commercial, real estate and insurance recovery. Further, Jeanine practices in the wine and hospitality industries, advising privately and publicly owned wineries, vineyards and other industry related businesses.
Since 2013, Jeanine has served as Outside General Counsel to four active 524(g) settlement trusts with over $1 billion in assets. She manages all outside trust litigation including insurance coverage litigation, bankruptcy and adversary proceedings.
Harry W. R. Chamberlain II | Buchalter
Harry Chamberlain has been trial and appellate counsel for Fortune 500 companies, public and private sector clients in complex litigation for 40 years. He is certified as an Appellate Specialist by the California State Bar Board of Legal Specialization, handling hundreds of appeals across the country, including numerous cases before California Supreme Court such as Rubin v. Green (absolute litigation privilege), Jarrow Formulas v. LaMarche (First Amendment protections under the anti-SLAPP statute), Temple Hospital and Cedars Sinai Medical Center v. Superior Court (the “spoliation” cases) and Lee v.Hanley (defining a lawyer’s “professional services” for purposes of the one-year statute of limitation).
Before joining Buchalter, Harry was general counsel of a California-based commercial insurance group, and managed the law department for major U.S. liability insurers and financial service companies. In addition to his trial and appellate practice, Harry is often engaged as an expert witness and consultant in cases involving standards and practices of the legal profession, and the insurance industry.
He is admitted to practice in California, the District of Columbia, North Carolina and the U.S. Supreme Court.
I. When is appraisal mandatory; can your client opt out? | 3:00pm – 3:30pm
II. Timing and waiver of the appraisal demand | 3:30pm – 4:00pm
Break | 4:00pm – 4:10pm
III. Selecting “competent and disinterested” appraisers; making effective use of your client’s retained experts | 4:10pm – 4:40pm
IV. Coordinating appraisal with judicial resolution of coverage issues (including proper methods for valuing the “insured” loss), confirming or challenging the panel’s award in court | 4:40pm – 5:10pm