Case Summary

p1614 The provision in Insurance Code § 2071 that both an insured and an insurer shall appoint a competent and disinterested appraiser in a dispute over the amount of a loss does not confer on either party an automatic right to disqualify the appraiser selected by the other party based on conflict of interest disclosures required by Code of Civil Procedure § 1280 et seq. Viewed as a whole, the appraiser selected by the insured was competent and disinterested despite involvement as an expert for another client of the insured's attorney.

MAHNKE v SUPERIOR COURT (Disinterested Appraiser) 180 CA4 565 [See CCP §1281.9; Ins Code §2071; Michael v. Aetna, 88 CA4 925, P/AT 07/2001]