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 Apr. 13, 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
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

Last modified:
Nov. 28, 2014

§ 3408’s source at nysenate​.gov

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