RS 22:1807.20

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RS 22:1807.20

§1807.20. Umpire obligations

A.(1) The umpire shall disclose any disqualifying conflicts of interest provided for in R.S. 22:1807.17 to both parties within five days after hiring by a party and before beginning any work.

(2)The umpire shall recuse himself from an appraisal for which there exists a disqualifying conflict of interest unless the parties agree in writing to waive any conflict of interest.

B. The umpire shall not do either of the following:

(1)Begin work until the appraisers direct the umpire in writing to begin, upon their failure to reach an agreement.

(2)Visit the claimant's property without consent from both appraisers.

C. The umpire shall do all of the following:

(1)Address only items about which the appraisers disagree.

(2)Review the differences and seek agreement with either or both of the appraisers regarding the disputed items.

(3)Allow each appraiser a fair opportunity to present evidence and arguments.

(4)Review all information submitted by the appraisers and parties which is related to the dispute, including the itemized appraisals or estimates, supporting documents, photographs, and diagrams.

(5)Prepare an itemized written decision and promptly provide it to the parties and the appraisers.

D. The umpire may do any of the following:

(1)Ask questions and request documents or other evidence, including expert reports.

(2)Consider any conflicts of interest or objections to appraisers upon request of a party.

(3)Accept either appraiser's scope, quantity, value, or cost regarding an item in dispute or develop an independent decision on an item in dispute.

E. Upon accepting an appointment to be the umpire for an appraisal, the umpire shall adhere to the following duties:

(1)The umpire shall decide all matters fairly, exercising independent judgment and integrity.

(2)The umpire shall not do any of the following:

(a)Withdraw or abandon the appraisal, unless compelled by unforeseen circumstances that would render it impossible or impracticable to continue.

(b)Be present for or participate in settlement discussions, unless requested by both parties.

(c)Permit outside influence to affect the appraisal.

(d)Delegate the umpire's decision to any other person.

F.(1) The umpire shall disclose all fees. The umpire may specify different charges for types or values of claims. The provisions of this Paragraph do not apply to umpires selected pursuant to R.S. 22:1807.19.

(2)The umpire shall not charge the parties on a contingent fee basis, percentage of the decision, barter arrangement, gift, favor, or in-kind exchange.

Acts 2024, No. 625, §1.