Arbitration Panel Information

If you and your insurance company disagree about the value of your policy claim, Massachusetts General Law chapter 175, § 99 provides for a “ reference operation, ” in which a gore of three arbitrators, or “ referees, ” determines the come of loss or damage.

The reference point continue determines alone the amount of the loss sustained or the strait rate of the property. The reference point continue does not determine liability or affect any defenses to the claim itself.

If you choose to seek a decision of the amount of personnel casualty through a reference point proceeding, you must submit a written request to your indemnity party in order to get the march started. Within ten-spot days after receiving the written need for reference, your indemnity company must provide you with the names and addresses of three likely referees in writing. Within ten days of receiving that tilt, you must notify your insurance company in write of your choice of one of those people to act as reviewer.

In addition, you must besides send written comment to your policy company identifying the names and addresses of three potential referees. There are no license requirements for the people who you identify as electric potential referees. however, any person you nominate to serve as a referee must be a Massachusetts house physician, be disinterested in the result, and uncoerced to act as referee. Your insurance caller must advise you of its choice of one of those people to act as reviewer within the adjacent ten days .
The two referees chosen then have ten days to agree upon and select a third gear referee. If they fail to do thus, then either of them, the insurance company, or you may make written request to the commissioner of insurance to appoint a third gear referee.

Once three referees have been determined, they must meet to hear evidence in the subject within ten-spot days. The referees must reduce their award to writing. The third reviewer must deliver the award to you and your insurance company. An award in write by a majority of the referees is conclusive and concluding upon the parties as to the amount of loss.

If the referees decide in your favor, you and your indemnity ship’s company are each liable for half of the costs of the third referee. however, the third base reviewer ’ s charges are paid by the insurance company, who deducts your plowshare of such charges from any amount otherwise account payable to you. If the award is rendered in favor of the policy company, or if no award is rendered, the insurance company is apt for the costs of the third base reviewer, but may deduct one half of those costs from any title payment it makes to you.

If you are unhappy with the consequence of a reference go, you may ask the courts to consider the return.

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