If the insurer creates a dispute with their response to your claim asserted in your Proof of Loss you have the right to invoke Appraisal as per Statutory Condition 11 of your policy.
Appraisal can be invoked by simply sending your insurer an email. When invoking Appraisal you should identify your “Appraiser”. An “Appraiser” is your representative in the Appraisal process. Your Appraiser would prepare a file brief and present evidence at the hearing if a hearing was required. Your Appraiser does not give evidence but simply presents the evidence that you gathered in order to document and support your claim for the amount of loss or damage. In some Provinces you could represent yourself and the insurer can be represented by a member of their staff.
Your insurer has 7 days to appoint their “Appraiser”.
Once the Appraisers have been appointed they have 15 days to appoint a mutually agreeable Umpire. In some Provinces the Umpire is appointed by the Superintendent of Insurance if the Appraisers are unable to come to an agreement while in other Provinces the Umpire is appointed by the Court.
Once the Umpire has been appointed the process is in the hands of the Umpire. Normally, a conference call takes place to schedule a date for the submission of file briefs and a hearing. However, a hearing is not required.
The insurer and the insured are equally responsible for payment of the cost of the Umpire. The insurer is responsible for payment of their representative and you are responsible for payment of your Appraiser’s services.
As the Appraisal process is evidence based it is very important that you document your loss and gather evidence to support your claim. If you are not represented prior to Appraisal being invoked you may have missed an opportunity to gather some evidence and pursue payment of costs when filing your claim for loss or damage.
Contact us should you have any questions or concerns. Become a member of Indemnity Canada so we can educate you further and get you prepared in case you suffer a loss. Also, as a member we will review your current policy so we can educate you on the coverages you purchased.