Unfair Claims Practices

All US insurance contracts contain an implied duty of Good Faith and Fair Dealing. When an insurer unreasonably denies a claim, lowballs valuations without justification, or delays settlement, that may constitute Bad Faith — and can expose the insurer to extra-contractual damages.

An Appraisal Clause is a provision in most US auto insurance policies that lets either you or the insurer demand an independent appraisal when you disagree on the value of a totaled vehicle. When invoked, you and the insurer each select a competent independent appraiser, and typically those two appraisers will agree to a new actual cash value. In the event those two appraisers are unable to agree on a value, the two appraisers can select an Umpire to break ties. Typically, you will split the cost of the third appraiser/umpire with the insurance carrier 50/50. In the event that the two appraisers are unable to agree on an umpire, the insured or the insurance carrier can petition a court with jurisdiction to select one. This rarely happens, but the chance isn't zero. The resulting valuation from any two appraisers and/or the umpire is binding.