Experience: (20) years experience as a conservative property loss professional. My core expertise, education and work is associated with commercial and residential construction project management, building practices and extensive knowledge of building codes, materials, valuation, and mechanical operations associated with these facilities, computer estimating, unit cost valuation, and application of insurance coverage for these structures, etc.
General Information: The standard for umpire is un-biased, disinterested and competent. Competency raises many questions. The Appraisal clause in the policy is held by many to be archaic and styled similar to tribunal, this was the intent of the original sculptors of the contract to allow low cost speedy resolution to disputes. The umpire is deemed a third appraiser, as such he should be competent. To appoint a mediator with no experience in these categories may create unforeseen challenges. Some property claim disputes warrant a great deal of expertise and sometimes actual inspection on site is necessary. Often the scope of loss is questionable due to an unresolved structural issue; preexisting condition; inherent vice; or cause of loss issue, sometimes, there are concurrent causation issues. Case law makes clear several points (a) causation is an issue of law, appraisers must take causation into consideration when appraising damage, but they have no right to interpret coverage or act outside their scope of authority (b) appraisal can be demanded by either the insurer or the insured, and (c) an insurer may face bad faith damages for failing to pay an award, the list goes on. Due to the nature of Appraisal and the vast misunderstanding of insurance coverage the insuring community has experienced much misuse of the Appraisal process; it has become some what of a catch all 911 solution to pre litigation. The bulk of the issues leading to appraisal by insured parties are due to greed, personality conflicts, ignorance and those listed above. On the carrier side there are times when adjusters just miss the scope and the funds paid on behalf of the claim are insufficient. Some adjusters lack competence, time, and expertise. Distinguishing the motivation behind an Appraisal is enlightening and helps resolve issues early on.
Training: Insurance Institute for Property Loss Reduction, (Committee Chair) Conference of States on Building Codes, (Committee Chair), American Society of Appraisers, Discipline, (Collectibles), certified mediator, AA White Dispute Resolution, Institute (Better Business Bureau) Society of Claim Law Associates, (Property Claim Law Associate), American Educational Institute, (Associate in Claims Program) Farmingdale University, New York (Commercial Project Management)
Cordially, your Honor, I thank you for your consideration and I look forward to visiting with you for a brief moment in the near future. Please feel free to contact me at any time on my cell.
Sincerely yours,
Richard Spreeman
Wednesday, January 2, 2008
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