§ 22:1807.20 — Umpire obligations

Louisiana § 22:1807.20

• Jurisdiction: Louisiana
• Title 22: Insurance

Text

§1807.20. Umpire obligations
A.(1) The umpire shall disclose any disqualifying conflicts of interest provided for
in R.S. 22:1807.17 to both parties within five days after hiring by a party and before
beginning any work.
(2) The umpire shall recuse himself from an appraisal for which there exists a
disqualifying conflict of interest unless the parties agree in writing to waive any conflict of
interest.
B. The umpire shall not do either of the following:
(1) Begin work until the appraisers direct the umpire in writing to begin, upon their
failure to reach an agreement.
(2) Visit the claimant's property without consent from both appraisers.
C. The umpire shall do all of the following:
(1) Address only items about which the appraisers disagree.
(2) Review the differences and seek agreement with either or both of the appraisers
regarding the disputed items.
(3) Allow each appraiser a fair opportunity to present evidence and arguments.
(4) Review all information submitted by the appraisers and parties which is related
to the dispute, including the itemized appraisals or estimates, supporting documents,
photographs, and diagrams.
(5) Prepare an itemized written decision and promptly provide it to the parties and
the appraisers.
D. The umpire may do any of the following:
(1) Ask questions and request documents or other evidence, including expert reports.
(2) Consider any conflicts of interest or objections to appraisers upon request of a
party.
(3) Accept either appraiser's scope, quantity, value, or cost regarding an item in
dispute or develop an independent decision on an item in dispute.
E. Upon accepting an appointment to be the umpire for an appraisal, the umpire shall
adhere to the following duties:
(1) The umpire shall decide all matters fairly, exercising independent judgment and
integrity.
(2) The umpire shall not do any of the following:
(a) Withdraw or abandon the appraisal, unless compelled by unforeseen
circumstances that would render it impossible or impracticable to continue.
(b) Be present for or participate in settlement discussions, unless requested by both
parties.
(c) Permit outside influence to affect the appraisal.
(d) Delegate the umpire's decision to any other person.
F.(1) The umpire shall disclose all fees. The umpire may specify different charges
for types or values of claims. The provisions of this Paragraph do not apply to umpires
selected pursuant to R.S. 22:1807.19.
(2) The umpire shall not charge the parties on a contingent fee basis, percentage of
the decision, barter arrangement, gift, favor, or in-kind exchange.

Legislative History

Acts 2024, No. 625, §1.