Protecting Your Interests in Homeowners Insurance Appraisal/Mediation Cases
Many Florida homeowners insurance policies have mandatory appraisal and mediation clauses to resolve disputes as to the value of a covered claim. At The Law Offices of Michael B. Brehne, P.A., we recommend that clients avoid purchasing policies that require appraisal or mediation for dispute resolution, but we can sometimes find a way to get around them. Contact us in Altamonte Springs to learn about your options for avoiding these insurance clauses, or for protecting your interests in each process if there’s no way to avoid it.
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We often hear from new clients who have been notified of the insurer’s intention to pursue appraisal or mediation on a covered loss. Our familiarity with each process can help you avoid unfavorable determinations of value. It can also protect you from the risk that important elements of loss will be overlooked during appraisal or mediation.
In an appraisal, the issues involve the nature of the loss and the cost of repairing or replacing it. In a typical homeowner’s claim, the loss items will be classified as structure, contents, loss of use and additional living expenses. Our attorneys usually work with a private adjuster who represents the interests of the insured. The private adjuster and the insurance adjuster visit the site with an appraiser, and point out elements of loss and discuss what will be necessary to repair them. The appraiser’s decision is basically final, and thorough preparation for the on-site appraisal session will go far to protect your interests.
When applicable, the appraisal process is used in a variety of property damage claims:
- Hurricane claims
- Fire loss claims
- Flood or water damage claims
- Sinkhole claims
- Wind or hail damage claims
The mediation procedure differs from appraisal primarily in terms of the mediator’s authority to make a decision about the value of the claim. Unlike an appraiser, a mediator will not listen to both sides and assign a value to the amount of the covered loss. Instead, the mediator will try to help the insurance company and the claimant reach agreement on the claim through focused negotiation supported by estimates and documentation.
Our attorneys can help clients get the most out of the mediation process, but in most cases we prefer the opportunity to establish the value of a claim before an appraiser with authority to render a binding decision.
To find out about the best ways to protect your how the appraisal and mediation process could apply in your case, contact a lawyer at The Law Offices of Michael B. Brehne, P.A.
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