Appraisal and Umpire Demand (Policyholder) — Alabama

APPRAISAL AND UMPIRE DEMAND — ALABAMA

1. DELIVERY INFORMATION

Date: [__/__/____]

VIA: ☐ Certified Mail ☐ Overnight Delivery ☐ Email ☐ Policy Portal ☐ Other: [________________________________]

To:

[________________________________]

[________________________________]

[________________________________]

[________________________________]

From:

[________________________________]

[________________________________]

[________________________________]

[________________________________]

Re: Written Demand for Appraisal Under the Policy

2. FORMAL DEMAND

Dear [________________________________]:

[________________________________] ("Insured") demands appraisal under the appraisal provision of the above policy ("Policy"). The relevant provision states:

[INSERT THE COMPLETE APPRAISAL PROVISION FROM THE ISSUED POLICY, INCLUDING ALL DEADLINES, APPRAISER QUALIFICATIONS, UMPIRE-SELECTION TERMS, COST ALLOCATION, AND AWARD REQUIREMENTS.]

The parties have reached a genuine disagreement over the amount of loss. The Insured values the disputed loss at $[________________________________], while the Insurer has valued or paid the disputed loss at $[________________________________]. Copies of the competing estimates, payment letters, and supporting materials are enclosed or identified below.

This demand asks the appraisal panel to decide only matters that the Policy assigns to appraisal. It does not ask the appraisers or umpire to decide policy interpretation, coverage, liability, or legal causation. Under Rogers v. State Farm Fire & Casualty Co., appraisers may determine the amount of loss but may not decide coverage or causation disputes. Cole v. Owners Insurance Co. and Cobblestone Condominium Association, Inc. v. Travelers Casualty Insurance Co. of America applied that distinction where the covered cause was not disputed and the disagreement concerned the extent and value of the loss.

3. DISPUTED AMOUNT OF LOSS

A. Insured's Position

B. Insurer's Position

C. Issues Submitted for Valuation

The Insured submits the following amount-of-loss issues, but only to the extent permitted by the Policy:

• ☐ Quantity and extent of covered physical damage
• ☐ Reasonable repair or replacement scope
• ☐ Labor and material pricing
• ☐ Replacement cost value
• ☐ Actual cash value and depreciation
• ☐ Contents valuation
• ☐ Business-income or additional-living-expense amount
• ☐ Code-upgrade amount, if coverage is accepted and the Policy assigns valuation to appraisal
• ☐ Other: [________________________________]

The Insured does not submit the following legal questions to the appraisal panel:

• ☐ Whether the Policy covers a claimed peril or category of loss
• ☐ Whether an exclusion or limitation applies
• ☐ Interpretation of Policy terms
• ☐ Whether a condition precedent has been satisfied
• ☐ Bad-faith, fraud, waiver, estoppel, or other extra-contractual claims
• ☐ Other reserved legal issue: [________________________________]

4. INSURED'S APPRAISER

The Insured designates the following appraiser, subject to every qualification stated in the Policy:

The appraiser has reviewed the Policy's qualification language and represents that the appraiser satisfies it. This designation does not assume that Alabama law supplies a uniform "competent," "disinterested," or "impartial" standard independent of the Policy; the exact Policy wording controls the requested qualification.

5. REQUEST FOR INSURER'S APPRAISER DESIGNATION

The Insured requests that the Insurer provide the following by the deadline in the Policy:

1. Written confirmation that the appraisal demand has been received.
2. The name and contact information of the Insurer's appraiser.
3. The appraiser's qualifications and any disclosure required by the Policy.
4. The Insurer's position on each item proposed for appraisal.
5. Identification of any asserted coverage or causation issue that the Insurer contends must be resolved outside appraisal.

Policy deadline for designation: [____] days after [receipt of demand / other trigger: ________________________________].

Calculated response date: [__/__/____].

6. UMPIRE SELECTION

The appraisers should select an umpire in the manner and within the time required by the Policy. The Insured proposes the following process only if it is consistent with the issued Policy or later written agreement:

• ☐ Exchange [____] qualified candidates by [__/__/____].
• ☐ Disclose material professional, financial, and claim-specific relationships.
• ☐ Confer regarding selection by [__/__/____].
• ☐ If no agreement is reached, use the Policy's stated court-selection or other deadlock procedure.
• ☐ Other agreed procedure: [________________________________].

Policy language governing umpire selection:

[INSERT THE COMPLETE UMPIRE-SELECTION LANGUAGE.]

Proposed candidates, if appropriate:

7. POST-LOSS COMPLIANCE AND SUPPORTING MATERIALS

Official federal opinions applying Alabama law have treated the insured's Policy duties and the existence of a developed amount-of-loss disagreement as important to whether appraisal is ripe. The Insured therefore identifies the following completed or pending items without conceding any obligation beyond the Policy:

• ☐ Notice of loss provided on [__/__/____]
• ☐ Property made available for inspection on [__/__/____]
• ☐ Sworn proof of loss submitted on [__/__/____]
• ☐ Inventory submitted on [__/__/____]
• ☐ Estimate submitted on [__/__/____]
• ☐ Requested records submitted on [__/__/____]
• ☐ Examination under oath completed on [__/__/____]
• ☐ Other Policy duty: [________________________________] completed on [__/__/____]
• ☐ Disputed or incomplete item: [________________________________]

Enclosures or linked materials:

1. Policy declarations and appraisal provision.
2. Insurer estimate and payment or denial correspondence dated [__/__/____].
3. Insured estimate dated [__/__/____].
4. Photographs, measurements, inventories, invoices, bids, or expert materials: [________________________________].
5. Proof of delivery for prior claim submissions: [________________________________].
6. Other: [________________________________].

8. RESERVATION OF RIGHTS

This demand is limited to appraisal under the Policy. The Insured does not waive any coverage position, contractual remedy, objection, claim, defense, limitation period, or right to seek judicial relief. No appraiser or umpire is authorized by this demand to decide a legal question outside the authority granted by the Policy and applicable law.

The Insured requests a written response by [__/__/____], calculated from the Policy's actual response period. If the Insurer disputes appraisal, please identify the precise Policy provision and factual basis for that position.

Respectfully submitted,

Signature: ____________________________________

Printed Name: [________________________________]

Capacity: [Insured / Counsel / Authorized Representative / Other: ________________________________]

Date: [__/__/____]

9. CERTIFICATE OF DELIVERY

I certify that on [__/__/____], I delivered this demand and its enclosures to the recipients listed below by the checked methods.

Signature: ____________________________________

10. SOURCES AND VERIFICATION NOTES

• Cole v. Owners Insurance Co., 326 F. Supp. 3d 1307, 1324-25 (N.D. Ala. 2018), official U.S. Courts opinion: https://www.govinfo.gov/content/pkg/USCOURTS-alnd-5_16-cv-00834/pdf/USCOURTS-alnd-5_16-cv-00834-0.pdf
• Cobblestone Condominium Association, Inc. v. Travelers Casualty Insurance Co. of America, 377 F. Supp. 3d 1291, 1303-07 (N.D. Ala. 2019), official U.S. Courts opinion: https://www.govinfo.gov/content/pkg/USCOURTS-alnd-5_16-cv-00573/pdf/USCOURTS-alnd-5_16-cv-00573-0.pdf
• Rogers v. State Farm Fire & Casualty Co., 984 So. 2d 382, 391-92 (Ala. 2007), as quoted and applied in the official federal opinions above.

This template is provided by ezel.ai for informational purposes only and does not constitute legal advice. An Alabama-licensed attorney must review the issued Policy, claim record, deadlines, and procedural posture before use.