Jonathan Held Argues That Appraisers Should Not Have To Be Licensed Adjusters

Mark the time and date, Chip Merlin and Jonathan Held have complete agreement upon something: Appraisers should not have to hold adjuster licenses. In a Claims Journal article, Viewpoint: Licensing Mandate for Appraisers Will Increase Costs, Held makes the following point regarding the unfounded legal position of the Florida Department of Financial Services that a policyholder appraiser has to have a public adjuster license:

This movement is not in the best interest of either insurers or policyholders to the extent that a state adjuster’s license requirement will significantly reduce or, in some cases, eliminate the pool of potential experts who are best served to evaluate the amount of loss. This will also likely result in increased costs to policyholders and insurers who will be forced to hire experts in addition to having a licensed adjuster act as appraiser.  

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The process will be far better served by having competent and unbiased appraisers as panel members. Attempts to limit the most qualified potential appraisal panel members don’t seem to make reasonable sense and will only increase the likelihood of incorrect measurements of loss.

Held, Merlin, and the National Association of Public Insurance Adjusters (NAPIA) all agree upon this point. I noted NAPIA’s position in Who Should Be Appraisers to an Appraisal Panel? NAPIA Takes a Stand.

Held also noted that Washington State receded from this position requiring licensure of appraisers in 2021:

Washington State had an adjuster licensing requirement for participation in the appraisal process, which was changed in 2021, when the state legislature introduced a bill to correct the problem created by the requirement. The bill was supported by the Washington State Office of the Insurance Commissioner (OIC). Both the author and a designee of the OIC testified at the state legislature in support of the change in the law. The bill passed unanimously.

Jonathan Held also noted that “the rules” of appraisal need to be re-examined. That is fair, and an endeavor I tried and failed to obtain some consensus upon a long time ago. 

I will be speaking at two different appraisal organizations next week. The first is the Insurance Appraisal and Umpire Association (IAUA) next Wednesday, May 3, in Denver. Some of the listed topics include:

Who May Serve as Appraiser, Who Should?
Unique Elements of Loss in Appraisal
Repair vs. Replace, is Causation Coverage?
Rendering an Effective Appraisal Award

Bob Norton does a great job with the IAUA and attendees can take a test to obtain certification. The IAUA has a Code of Ethics:

Conducting Appraisal to resolve disputes in insurance claims engages the public trust. Appraisers and Umpires shall put the duty for fair and honest conduct of the Appraisal Process above the Appraiser’s or Umpire’s own interests in every instance. The following standards of conduct define the ethical behavior, and shall constitute a code of ethics that shall be binding on all members of the Insurance Appraisal and Umpire Association:

I. Members of the Insurance Appraisal and Umpire Association shall not engage in practices which may discredit the IAUA or the Appraisal process as a fair, expedient and cost effective Alternate Dispute Resolution method.

II. Appraisers and Umpires shall conduct themselves with the highest of ethical standards in their dealings with policyholders, the insurance companies, the public, Appraisers, Umpires, claim professionals, and experts.

III. Appraisers and Umpires shall remain current on the laws and regulations affecting their professional responsibilities by attending such classes, seminars and training as necessary.

IV. An Appraiser or Umpire shall not undertake any Appraisal concerning matters with which they are not currently competent and knowledgeable, or which otherwise exceeds their current expertise; Appraisers and Umpires must be competent for the particular matter.

V. Appraisers and Umpires shall conduct themselves in such a manner as to command respect and confidence and shall approach Appraisals with an unprejudiced and open mind, while advocating for their client as legally appropriate.

VI. Appraisers and Umpires shall not injure the reputation or professional practice of colleagues.

VII. Appraisers and Umpires shall not approach Appraisals in a manner prejudicial to the policyholder or insurance company.

VIII. Appraisers and Umpires shall handle every Appraisal with honesty and integrity, and allow a fair Appraisal to all parties without any compensation or remuneration to himself or herself except that to which he or she is legally entitled.

IX. Appraisers and Umpires, upon undertaking an Appraisal, shall act with dispatch and due diligence in achieving a proper disposition of the Appraisal.

The next morning on May 4, I will be in Dallas for the P.L.A.N. Property Loss Appraiser & Umpire Certification Conference. This is a weeklong appraisal and umpire training event. It starts with The Dos And Don’ts of the Property Loss Appraisal Process, leading to a Property Loss Appraiser Certification. It finishes with Sharpen the Pencil, Not the Sword, leading to a Property Loss Umpire Certification. John Robison is the leader of P.L.A.N., and it also has a Code of Ethics for appraisers:

Canon of Ethics for P.L.A.N. Certified Appraisers

P.L.A.N. understands the need for establishing a standard of ethical behavior for the certified umpires within their program. The following is a Canon of Ethics for those who perform as an Appraiser under the P.L.A.N. Certified Property Loss Appraiser (CPLA) Program.

Any person that acts or performs in the role and duties of a P.L.A.N. Certified Property Loss Appraiser (CPLA) does so with the responsibility of performing these services and conducting themselves in a manner that will uphold the integrity, trust, and fairness inherent of the process and their appointment to serve in the capacity of a Property Loss Appraiser.

1.         P.L.A.N. Certified Property Loss Appraisers (CPLA) swear to hold themselves to the highest level of standards, both ethically and professionally while performing the duties of an Appraiser. These standards of ethics should be the same as those who hold themselves out as serving in a position with Public Trust or Protection.

2.         While performing the duties of an Appraiser, P.L.A.N. Certified Property Loss Appraisers (CPLA) shall not knowingly engage themselves in practices which may adversely discredit P.L.A.N., the appraisal process or their profession and the profession of others.

3.         P.L.A.N. Certified Property Loss Appraisers (CPLA) shall hold no financial interest in a specific appraisal other than their agreed to and Reasonable Standard and Customary Fees.

4.         P.L.A.N. Certified Property Loss Appraisers (CPLA) are prohibited from charging percentages or fees contingent upon the outcome of their services,   except for and only in States, Jurisdictions or Provinces that allow Contingent Appraisal Fees per Governing Law or Statute.

5.         P.L.A.N. Certified Property Loss Appraisers (CPLA) should never accept any financial arrangement which could be contradictory to any and all applicable laws and statutes within the process or governing jurisdictions.

6.         P.L.A.N. Certified Property Loss Appraisers (CPLA) will disclose their fee schedules, retainer requirements, and or payment arrangements along with other potential financial exposures prior to accepting the position of Appraiser.

7.         P.L.A.N. Certified Property Loss Appraisers (CPLA) shall not undertake any appraisal in which they are not competent, impartial, or knowledgeable.

8.         P.L.A.N. Certified Property Loss Appraisers (CPLA) shall conduct all communications and the sharing of any information in a Non-Ex Parte manner on all appraisals to which he or she presides.

9.         P.L.A.N. Certified Property Loss Appraisers (CPLA) shall not be influenced by outside parties through either intimidation, wrongful personal financial gain malice or harassment.

10.       P.L.A.N. Certified Property Loss Appraisers (CPLA) shall not maliciously and knowingly act in any manner to cause injury or discredit the reputation of their colleagues, their profession, or the Appraisal Process in whole.

11.       Under any circumstances, should a P.L.A.N. Certified Property Loss Appraiser (CPLA) need to remove themselves from an appointment of appraisal, they will do so in a professional manner which does not and cannot harm the process or the disputants.

12.       P.L.A.N. Certified Property Loss Appraisers (CPLA) agree to perform their duties following and under the guidelines of the Governing Laws in the state in which the loss resides and those of the insurance policy languages which govern the specific loss under Appraisal.

13.       P.L.A.N. Certified Property Loss Appraisers (CPLA) shall act in a manner of expedience, due diligence, and fairness in the performance of their duties in the appraisal process.

14.       P.L.A.N. Certified Property Loss Appraisers (CPLA) understand the need to abide by the highest standards of ethics and professionalism for both the industry and the network to which they are members and swear to uphold these standards and demand it of others within their appointments as Appraiser.

15.       P.L.A.N. Certified Property Loss Appraisers (CPLA) swear to uphold the inherent trust in their work and behavior and stand behind their decisions without the fear and propensity of outside influences.

16.       P.L.A.N. Certified Property Loss Appraisers (CPLA) are not and cannot act serve or perform as advocates for the party they represent in appraisal.

17.       P.L.A.N. Certified Property Loss Appraisers (CPLA) must command the Authority to make all award decisions without consulting the party they represent.

18.       P.L.A.N. Certified Property Loss Appraisers (CPLA) swear to uphold the confidentiality of the Appraisal Process and will never disclose confidential information for personal gain of any kind on any appraisal for which they provide services to the private or public sectors and promise to discuss and use only information relevant to the loss within their appointments.

19.       The Appraisal process requires working with many professionals, both in the public and private sectors. P.L.A.N. Certified Property Loss Appraisers (CPLA) swear to conduct themselves with the highest standard of ethics, professionalism, and integrity while performing their duties and representing themselves as P.L.A.N. Certified Property Loss Appraisers (CPLA).

20.       P.L.A.N. Certified Property Loss Appraisers (CPLA) swear to take pride in the position of Appraiser, and to perform their duties without knowingly jeopardizing either side of the panel, no matter how tedious the task.

21.       P.L.A.N. Certified Property Loss Appraisers (CPLA) hold themselves responsible for keeping up to date on all applicable Laws, Certifications, Training Programs and Licensing requirements for the performance of their duties.

22.       P.L.A.N. Certified Property Loss Appraisers (CPLA) should avoid all improprieties in communicating with the Umpire by performing all communications in a “Non-Ex Parte” manner.

23.       P.L.A.N. Certified Property Loss Appraisers (CPLA) understand that their actions affect the lives and businesses of the people they serve, on every claim, and swear to have respect for that power and conduct themselves in a manner that will not intentionally harm those whom they serve.

24.       Advertisements by P.L.A.N. Certified Property Loss Appraisers (CPLA) must be done in a manner of truthfulness and should not promote or imply any services beyond their capabilities or those which go against any governing laws of the process or authoritative jurisdictions.

25.       P.L.A.N. Certified Property Loss Appraisers (CPLA) swear to perform their duties without bias or prejudice and uphold the ethical standards, behavior, and authority within their position and will not jeopardize themselves or the proceedings for personal financial gain or intentional harm to others.

26.       P.L.A.N. Certified Appraisers (CPLA) should only accept their appointment if:

a.         They are physically able to perform their duties.

b.         They are competent in the areas under appraisal.

c.         They can devote the time and attention to complete the appraisal process expeditiously

d.         They can perform their duties without outside influence.

e.         They can perform their duties without bias.

f.          They understand the governing laws and policies applicable to the specific appraisal.

g.         They have no personal or financial interest in the Appraisal other than their standard, customary, and reasonable fees.

It seems to me that some of these Codes of Ethics are specific enough to be considered as written rules of appraisal.   

Thought For The Day

You got to be rigorous in your appraisal system. The biggest cowards are managers who don’t let people know where they stand.

—Jack Welch