Appraisals of Loss and Damage Under Insurance Policies II (with W. W. Sturges)

Abstract

Irrevocable Appraisal Provisions—Frustration and Displacement—The Plethora of “Waivers”. Even though the appraisal provision is adequately drafted to qualify for irrevocability and even though the insurer has duly demanded appraisal and has duly pleaded same, the provision is frustrated and displaced in many different instances. Most of these instances are designated as “waivers/” These “waivers” are imputed and synthetic affairs derived from one or more items of conduct attributed to the insurer. A “waiver” by the insurer of the rights to appraisal is the insured’s excuse for non-compliance on his part with the provision.