Liberty Quality Home - house and contents insurance
CONTRACT BASES
Article 20 - Appointment of loss adjusters
* The insurer shall visit the place where the accident occurred, as soon as possible, through the person it designates to begin the operations to verify the causes of the accident, how it occurred, the declarations contained in the policy and the damage sustained by insured objects.
* Should the parties reach an agreement on the cost and method of the indemnity, the terms of Article 23 - Payment of indemnities shall apply.
* If the parties fail to reach an agreement within a period of forty days from receipt of the accident report, each party shall appoint a loss adjuster, whose acceptance of the post shall be recorded in writing.
* Once the loss adjusters have been appointed and have accepted their posts, which may not be renounced, they will initiate their tasks.
* Should the loss adjusters reach an agreement, this will be reflected in a joint document in which they will record the causes of the claim, the valuation of the damages, any other circumstances that might influence the calculation and proposal for the indemnity.
* If either of the parties has not appointed a loss adjuster, it must do so within eight days following the date on which is is requested to do so by the party that has appointed its own and, should it fail to do so in this final period, it shall be understood that it accepts the opinion issued by the other party's loss adjuster and shall be bound by it.
* When no agreement is reached by the loss adjusters, both parties shall appoint a third adjuster by mutual agreement and, in case of disagreement, the appointment shall be made by the judge at the Court of First Insurance for the locality where the property is located. In this case, the legal adjuster's report shall be issued within the period indicated by the parties or, in its absence, in the period of thirty days following acceptance of his / her appointment as the third loss adjuster.
* The parties shall be immediately informed of the loss adjusters, whether unanimous or majority, by a means beyond all doubt, and it will be binding for them, except when either of the parties legally contests it within a period of thirty days, in the case of the insurer, or one hundred and eighty days, in the case of the insured, both periods counted from the date of said notification. If the corresponding legal action is not taken in said periods, the loss adjuster's report shall be unassailable.
* Each party shall bear the fees of its own loss adjuster. Those of the third adjuster and any additional costs, including the costs incurred to remove debris that may arise from the expert appraisal, shall be borne equally by the insured and the insurer at fiftypercent each. However, should either of the parties have made the appraisal necessary by insisting on a manifestly disproportionate valuation of the damage, said party shall be solely liable for these costs
Article 21 - Valuation of the damage