In California, lacking the 100-day deadline to problem an appraisal award beneath the state’s arbitration-style appraisal legislation can immediately finish an insurance coverage dispute, regardless of how robust the declare. A latest California post-appraisal ruling in Bansal v. Nationwide Mutual Insurance coverage Firm 1 affords an necessary reminder concerning the penalties of appraisal and the strict procedural guidelines that govern it in California. Earlier this yr, I made the next comment in Don’t Just like the Appraisal Award? Right here’s Why That’s Not Sufficient to Keep away from Its Finality, which is relevant to this case:
The appraisal course of is just not a trial run or a preliminary negotiation. It’s often the tip of the highway. Those that enter it should achieve this with seriousness, understanding that the result will possible be remaining and enforceable.
The California insurance coverage dispute arose from a July 2021 water leak within the Bansals’ dwelling. After preliminary funds, disagreement over the scope and value of repairs led to a contractual appraisal. The appraisal panel awarded $165,000 for alternative price, which Nationwide paid in full. The insureds then sought further quantities for transferring bills, non permanent housing, meals prices, truthful rental worth, and appraisal charges. Nationwide moved for abstract judgment, contending it had paid all coated quantities and that the appraisal award barred any additional restoration for repair-related prices.
Nationwide’s place was that the appraisal award encompassed all building-related bills beneath Protection A, together with transferring and pack-out prices essential to finish the repairs. It additionally argued that further residing expense claims have been both time-barred beneath the coverage’s 24-month restrict or unsupported by correct documentation. The non permanent housing declare concerned Airbnb stays greater than two years after the date of loss and after the award’s five-month interval of restoration, whereas the meals expense declare lacked proof of the insureds’ regular pre-loss prices, making it inconceivable to calculate the mandatory enhance coated beneath the coverage.
As for truthful rental worth, Nationwide pointed on the market was no proof the property was rented or held for rental on the time of loss. It additionally asserted that with no breach of contract, there might be no dangerous religion, and that the real dispute doctrine additional insulated it from legal responsibility.
The policyholders countered that transferring prices weren’t a part of the appraisal as a result of the panel was solely licensed to find out restore prices to the dwelling, not further residing bills. They argued that late documentation of non permanent housing and meals prices didn’t routinely defeat protection, as California legislation requires the insurer to point out substantial prejudice from late discover. They maintained that they by no means completely relocated to their second dwelling and solely rented the Airbnb to supervise repairs, and that they supplied an inexpensive technique to estimate meals price will increase when actual pre-loss receipts have been unavailable.
Additionally they claimed entitlement to truthful rental worth based mostly on their intent to lease the property as soon as repairs have been full. Lastly, they contended that delays, repeated requests for paperwork, and an unduly slim studying of the coverage amounted to dangerous religion and justified punitive damages.
The courtroom sided completely with Nationwide. It concluded that beneath California legislation, which treats appraisal as a type of contractual arbitration, the award was remaining and binding absent a well timed petition to vacate or modify inside 100 days, as required by California legislation. As a result of the insureds had demanded that the panel appraise your complete loss to the dwelling, and transferring prices have been essential to facilitate repairs, these bills have been a part of the award.
The non permanent housing declare was denied by the courtroom as a result of the prices have been incurred outdoors the coverage’s deadlines and with out well timed documentation. The meals expense declare failed for lack of proof of the rise above regular prices, and among the claimed bills have been unrelated to the loss. Honest rental worth was denied as a result of the property was neither rented nor held for rental on the time of loss. With no breach of contract, the dangerous religion and punitive injury claims additionally failed.
This case has a number of classes for policyholders and public adjusters. In California, appraisal is ruled by statutory arbitration guidelines, not the widespread legislation, and the statutory deadlines for difficult an award are unforgiving. As soon as an award is issued, any repair-related price not expressly excluded is more likely to be deemed resolved, so events have to be clear about what’s included within the appraisal demand.
Extra residing expense claims require each immediate documentation and proof of the rise over regular prices. Coverage deadlines, such because the 24-month cap on ALE, are sometimes strictly enforced, and it’s tougher to acquire them as consequential injury in a nasty religion lawsuit. As a result of some jurisdictions won’t entertain dangerous religion damages if there is no such thing as a breach of contract based mostly on the insurer’s well timed cost of an appraisal award, preserving the proper to assert advantages within the contract motion or appraisal is important.
From a sensible viewpoint, the insurer definitely paid far too little on its preliminary cost in relation to the ultimate appraisal award. Nonetheless, the general public adjuster’s demand was equally too excessive. The appraisal panel practically cut up the 2 views within the center. This level, together with the shortage of cooperation and documentation not supplied by the policyholders, clearly impacted the courtroom’s view of the case.
Thought For The Day
“California is a backyard of Eden, a paradise to stay in or see; however consider it or not, you gained’t discover it so sizzling in case you ain’t bought the do re mi.”
—Woody Guthrie
1 Bansal v. Nationwide Mut. Ins. Co., No 23-cv-05527 (N.D. Cal. Aug. 10, 2025).
