A professor at my law school held the opinion that the core of our legal system is the right to cross-examine. This means the right to test the evidence being presented by questioning witnesses and offering rebuttal evidence. In many states that principle applies to appraisal.
Since 1901 the Minnesota Supreme Court has held that one feature of an appraisal hearing is the right to cross-examine. The appraisers and umpires need to listen to the evidence and the cross-examination of it:
The board of referees (appraisal panel) provided for under the standard policy is a quasi court, subject to the principles governing common-law arbitration. Such board should sit in a body, and receive evidence offered by the respective parties, submitting the same to the usual tests of cross-examination.
Christiansen v. Norwich, 84 Minn. 526, 529, 88 N.W. 16, 18 (Minn. 1901). This is an excellent and important statement of law – why does it say – this list – not sure what the list relates to. If a property owner is unable to cross-examine it is hard to see how the process is fair. Appraisal must be interactive. The right to cross-examine and have an appraisal panel consider this cross-examination has existed in this state since 1901.
True then and true today. If an insurance company makes an argument you do not like, you think is wrong, or is just simply false, you should be able to test the insurance company by cross-examining its witnesses. That includes claims adjusters, contractors, or independent adjusters who represent the insurance company at appraisal. That should mean being able to review and point out deficiencies in insurance company’s submissions. That means making an argument that the totality of their evidence is poor. Appraisal panels need to listen to all of this.
For a further discussion of how appraisal should unfold, visit this post: https://beckmannlawfirm.com/2021/01/29/how-appraisals-should-unfold/
Before appraisal I recommend asking the appraisal panel to assign a deadline to submit exhibits to be used at the appraisal hearing. Ask for seven to ten days so that you can submit your documents on that date and receive the insurance company’s submissions. It is very helpful to see in advance what the insurance company is offering ahead of the hearing so you have time to consider it and find material that will rebut it. Of course, that amount of time will also help you prepare an effective cross-examination of insurer witnesses.
Do not hesitate to email me if you have any questions. I am at: ed@beckmannlawfirm.com.