N.Y. Insurance Law Section 3408
Fire insurance

  • appraisal of loss
  • procedure for selection of umpire on failure to agree

(a)

Whenever application shall be made for the selection of an umpire pursuant to the provisions relating to appraisals contained in the standard fire insurance policy of the state of New York it shall be made to a justice of the supreme court residing in the county or to a county judge of the county in which the lost or damaged property is or was located. The application shall be on five days’ notice in writing to the other party. Any such notice in writing, when served by the insured, may be served upon any local agent of the insurer.

(b)

The court shall, on proof by affidavit of the failure or neglect of the appraisers to agree upon and select an umpire within the time provided in such policy, and of the service of notice pursuant to subsection (a) hereof, forthwith appoint a competent and disinterested person to act as such umpire in the ascertainment of the amount of such loss or damage.

(c)

In the event of a covered loss, whenever an insured or insurer fails to proceed with an appraisal upon demand of the other, either party may apply to the court in the manner provided in subsection (a) of this section for an order directing the other to comply with such demand. An appraisal shall determine the actual cash value, the replacement cost, the extent of the loss or damage and the amount of the loss or damage which shall be determined as specified in the policy and shall proceed pursuant to the terms of the applicable appraisal clause of the insurance policy and not as an arbitration. Notwithstanding the provisions of this subsection, an appraisal shall not determine whether the policy actually provides coverage for any portion of the claimed loss or damage.

Source: Section 3408 — Fire insurance; appraisal of loss; procedure for selection of umpire on failure to agree, https://www.­nysenate.­gov/legislation/laws/ISC/3408 (updated Nov. 28, 2014; accessed Jun. 22, 2024).

3401
Insurable interest in property
3402
Executory contract not a change in interest, title or possession
3403
Anti-arson application
3404
Fire insurance contracts
3405
Fire insurance contract
3406
Copy of examination of insured to be delivered to insured
3407
Property insurance
3407‑A
Property/casualty insurance contract and policy standard provisions
3408
Fire insurance
3409
Distribution of hazardous material report forms
3410
Fire insurance contract
3411
Automobile physical damage insurance covering private passenger automobiles
3412
Automobile physical damage insurance covering private passenger automobiles
3413
Standard claim forms for fire losses
3414
Reports by insurers of certain casualty loss on property owned or operated by religious organizations
3415
Supplemental claim form to be submitted for certain fire loss claims in excess of ten thousand dollars in a city with a population of one...
3420
Liability insurance
3421
Homeowners’ liability insurance
3422
Hate crimes
3425
Certain property/casualty insurance policies
3426
Commercial lines insurance
3427
Gap insurance
3428
Cancellation of insurance contracts
3429
Geographical location of risks
3429‑A
Geographical location of risks in area serviced by a volunteer fire department
3430
Right of insured, agent or broker aggrieved on basis of geographical location of property or risks
3431
Immunity
3432
Immunity
3433
Termination of contracts or accounts of licensed agents or brokers
3434
Motor vehicle insurance policies
3435
Group property/casualty insurance
3435‑A
Motor vehicle insurance policies
3436
Medical malpractice insurance
3436*2
Group credit unemployment insurance and individual credit unemployment insurance
3436‑A
Adverse action against legal reproductive health care or gender-affirming care
3439
Reinsurance contracts excepted
3440
Insurance covering private passenger motor vehicles
3442
Credit card, debit card, or checking account group policies
3443
Workers’ compensation and employers’ liability insurance
3444
Flood insurance notice
3445
Windstorm insurance notice
3446
Product or system group insurance policies
3447
Qualification of environmental remediation insurance for tax credit
3448
Involuntary unemployment insurance policies
3449
Wireless communications equipment insurance policies
3450
Insurance for expenses incurred as a result of an act or threatened act of violence
3451
Identity theft group insurance policies
3451*2
Regulations
3452
Group property travel insurance policies
3453
Group policy for service providers listed in a commercial directory
3453*2
Self-service storage company group insurance policies
3453*3
Employer sponsored group personal excess insurance
3454
Sponsored group personal insurance
3455
Transportation network company group insurance policies
3456
Prohibition against cancellation of policy when motor vehicle is used or operated through a transportation network company program
3457
Group insurance policies for certain for hire motor vehicles
3458
Electronic notices and documents
3458*2
Group insurance for peer-to-peer car sharing programs
3459
Car share exclusions for motor vehicle insurance policies
3460
Prohibition against cancellation of policy when motor vehicle is used or operated through a peer-to-peer car sharing program
3461
Notice of claim
3462
Affordable housing underwriting and rating

Accessed:
Jun. 22, 2024

Last modified:
Nov. 28, 2014

§ 3408’s source at nysenate​.gov

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