Condition re appraisal
107(1)This section applies to a contract containing a condition, statutory or otherwise, providing for an appraisal to determine specified matters in the event of a disagreement between the insured and the insurer.
107(2)The insured and the insurer shall each appoint an appraiser, and the two appraisers so appointed shall appoint an umpire.
107(3)The appraisers shall determine the matters in disagreement and, if they fail to agree, they shall submit their differences to the umpire, and the finding in writing of any two determines the matters.
107(4)Each party to the appraisal shall pay the appraiser appointed by him and shall bear equally the expense of the appraisal and the umpire.
(a)
a party fails to appoint an appraiser within seven clear days after being served with written notice to do so,
(b)
the appraisers fail to agree upon an umpire within fifteen days after their appointment, or
(c)
an appraiser or umpire refuses to act or is incapable of acting or dies,
a judge of the court sitting in the judicial district in which the appraisal is to be made may appoint an appraiser or umpire, as the case may be, upon the application of the insured or of the insurer.
1968, c.6, s.107; 1979, c.41, s.68; 2023, c.17, s.114