Sharma

Introduction

Kendra P. Sharma (respondent below, hereafter identified as respondent) appeals from a judgment denying his cross-petition to vacate an appraisal award and granting the petition of Safeco Insurance Company of America (herein petitioner) to confirm the award.

Statement of Facts

Respondent purchased a homeowner’s insurance policy from petitioner. The policy was written on the Standard Form Fire Insurance Policy, pursuant to Insurance Code sections 2070 and 2071, and provided coverage for loss resulting from theft.

Respondent’s home was burglarized on November 1, 1978, after which respondent filed an insurance claim for items which were stolen in the course of the burglary. Respondent and petitioner were unable to agree as to the value of a set of 36 miniature paintings, which respondent described as a “set of 36 Rajput miniature paintings, Bundi School, India, late 18th Century.” As a consequence, respondent demanded an appraisal in accordance with the pertinent provision of the insurance policy.

The policy provision relating to appraisal provides the following: “In case the insured and this company shall fail to agree as to the actual cash value or the…