§ 22:1807.19 — Umpire selection

Louisiana § 22:1807.19

• Jurisdiction: Louisiana
• Title 22: Insurance

Text

§1807.19. Umpire selection
A.(1) The provisions of this Section apply if the appraisers are unable to agree on an
umpire and a party requests a judge to select an umpire.
(2) A judge selecting an umpire shall select an umpire qualified pursuant to R.S.
22:1807.17.
B. The provisions of Subsections C through H of this Section shall apply when the
appraisers agree to request the commissioner to submit an umpire selection panel.
C. In creating an umpire selection panel, the commissioner may consider the
following:
(1) The umpire's preferred geographic locations and preferred types of claims.
(2) The proximity of the claimant's property and the umpire.
(3) The umpire's areas of training and expertise.
(4) The extent of the umpire's experience with appraisal and property damage claims.
(5) The subject of the dispute.
(6) The type of policy.
(7) The value and complexity of the claim.
(8) Any conflicts of interest.
(9) Other factors relevant to the dispute.
D.(1) Using a random selection method, the commissioner shall notify at least five
umpires of possible inclusion on an umpire selection panel.
(2) Each umpire notified shall respond to the commissioner, no later than five days
after receiving the notice, stating whether the umpire will accept or reject selection as umpire
for an appraisal.
(3) Each umpire accepting selection shall respond by providing all of the following
information:
(a) A current resume, curriculum vitae, or brief biographical sketch of the umpire.
(b) A statement as to whether the umpire is insured by the insurer.
(c) Any prior knowledge that the umpire has regarding the dispute.
(d) Any disqualifying conflict of interest provided for in R.S. 22:1807.17.
E. The commissioner shall do both of the following:
(1) Create the umpire selection panel.
(2) Send the information provided pursuant to this Section and the umpire selection
panel list to the parties and appraisers.
F. If the appraisers select an umpire from the umpire selection panel, the appraisers
shall inform the commissioner no later than three days after the agreement.
G. If the appraisers do not agree to an umpire from the umpire selection panel, each
appraiser may object pursuant to R.S. 22:1807.26, and the appraisers may agree, in writing,
to the commissioner selecting an umpire from the umpire selection panel using a random
selection method. If the appraisers do not both agree in writing to that selection, then a judge
shall make the appointment pursuant to applicable law.
H. If the appraisers elect to use the random selection method, the commissioner shall
notify the umpire selected pursuant to Subsection G of this Section and give the umpire the
claim information provided for in R.S. 22:1807.13.

Legislative History

Acts 2024, No. 625, §1.