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This entry was published on 2014-11-28
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Fire insurance; appraisal of loss; procedure for selection of umpire on failure to agree
Insurance (ISC) CHAPTER 28, ARTICLE 34
§ 3408. Fire insurance; appraisal of loss; procedure for selection of
umpire on failure to agree. (a) Whenever application shall be made for
the selection of an umpire pursuant to the provisions relating to
appraisals contained in the standard fire insurance policy of the state
of New York it shall be made to a justice of the supreme court residing
in the county or to a county judge of the county in which the lost or
damaged property is or was located. The application shall be on five
days' notice in writing to the other party. Any such notice in writing,
when served by the insured, may be served upon any local agent of the

(b) The court shall, on proof by affidavit of the failure or neglect
of the appraisers to agree upon and select an umpire within the time
provided in such policy, and of the service of notice pursuant to
subsection (a) hereof, forthwith appoint a competent and disinterested
person to act as such umpire in the ascertainment of the amount of such
loss or damage.

(c) In the event of a covered loss, whenever an insured or insurer
fails to proceed with an appraisal upon demand of the other, either
party may apply to the court in the manner provided in subsection (a) of
this section for an order directing the other to comply with such
demand. An appraisal shall determine the actual cash value, the
replacement cost, the extent of the loss or damage and the amount of the
loss or damage which shall be determined as specified in the policy and
shall proceed pursuant to the terms of the applicable appraisal clause
of the insurance policy and not as an arbitration. Notwithstanding the
provisions of this subsection, an appraisal shall not determine whether
the policy actually provides coverage for any portion of the claimed
loss or damage.