2013 New York Consolidated Laws
ISC - Insurance
Article 34 - (3401 - 3454) INSURANCE CONTRACTS-PROPERTY/CASUALTY
3408 - Fire insurance; appraisal of loss; procedure for selection of umpire on failure to agree.

 
    §  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. If an appraisal  is  so  ordered,  it  shall  be  limited  to  a
  determination  of  actual  cash  value  and/or  replacement cost, or the
  amount of loss 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.