APPENDIX 6 FORM LETTER: ADVISING OF RIGHT TO APPRAISAL
Jurisdiction | United States |
(Date) Re: _________ Insured: _________ Policy No: ____________________ Claim No: ____________________ Date of Loss: __________________
Dear _____________________:
We have completed a thorough investigation of your claim. We have reviewed your Sworn Statement in Proof of Loss which makes claim under the above captioned policy of insurance in the amount of $_______________.
Your policy of insurance only requires us to pay indemnity to you within thirty days of the date you and we, as your insurer, agree on the amount of loss or the award of appraisers in accordance with the conditions of the policy.
After completing our thorough investigation of the claim and our review of your Sworn Statement in Proof of Loss it is clear that no agreement can be reached concerning the amount of the loss. Our investigation reveals that the amount of your loss, on an actual cash value basis appears to be no more than $________________ [if a replacement cost provision exists state also: and a full replacement cost loss of no more than $___________, to which you would be entitled once repairs are completed].
Although your insurer is not obligated to make any payments at this time, as an expression of its good faith, we enclose draft No: ________ in the amount of $_____________, the amount we believe to be the actual cash value loss incurred by you. [Add, if a replacement cost provision applies: We will also pay, without prejudice, the additional sum of $_____________, the difference between the actual cash value payment and what we believe to be the full cost of repair and replacement to which you may be entitled once you have proven that repairs have been completed].
The payments made to you are without prejudice to any actions you may wish to take to establish a loss in excess of the amount paid. If you disagree with our conclusions you...
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- Insurance Law Deskbook
- FRONT MATTER
- NOTE ON THE TEXT
- ABOUT THE AUTHOR
- INTRODUCTION
- CHAPTER 1 THE HISTORY OF INSURANCE
- CHAPTER 2 THE CONTRACT OF PERSONAL INDEMNITY
- CHAPTER 3 CONSTRUCTION OF INSURANCE CONTRACTS
- CHAPTER 4 DIFFERENCES BETWEEN PROPERTY AND LIABILITY POLICIES
- CHAPTER 5 RESCISSION OF INSURANCE POLICIES
- CHAPTER 6 DUTIES OF THE INSURED AND THE INSURER
- CHAPTER 7 CONDITIONS, WARRANTIES, AND EXCLUSIONS
- CHAPTER 8 FORTUITY
- CHAPTER 9 TRIGGER OF COVERAGE
- CHAPTER 10 APPRAISAL
- CHAPTER 11 INDEPENDENT COUNSEL AND THE LAW OF UNINTENDED CONSEQUENCES
- CHAPTER 12 FRAUD AND FALSE SWEARING
- CHAPTER 13 SUBROGATION
- CHAPTER 14 "OTHER INSURANCE" CLAUSES
- CHAPTER 15 MOLD AND FUNGI
- CHAPTER 16 PUNITIVE DAMAGES
- CHAPTER 17 PREEMPTION AND THE POWER TO CONTROL INSURANCE
- CHAPTER 18 FEDERAL OR STATE COURT FOR DECLARATORY RELIEF
- APPENDIX 1 THE CALIFORNIA STANDARD FIRE INSURANCE POLICY
- APPENDIX 2 DEFINITIONS
- APPENDIX 3 INSURANCE FRAUD STATUTES
- APPENDIX 4 PROPERTY PROOF OF LOSS
- APPENDIX 5 AMENDMENT TO THE CALIFORNIA INSURANCE CODE
- APPENDIX 6 FORM LETTER: ADVISING OF RIGHT TO APPRAISAL
- APPENDIX 7
- APPENDIX 8
- TABLE OF CASES
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