Legal Blog

Appraisal Under Insurance Act

Desjardins General Insurance Group v. Campbell 2022 Ont CA

Sections 128 and 148 the Insurance Act operate as a relatively cheap and effective means by which the quantum of an insured loss can be established. The insured and insurer each appoint an appraiser; the two of them attempt to come to an agreement, but, if they cannot, an umpire, whom the appraisers choose, reviews the quantifications of each and picks the one that the umpire feels is better. The umpire must be impartial, but the appraisers do not have to be.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.