Kacha
Kacha v. Allstate Insurance
Opinion
Opinion
McCONNELL, J.
This is an appeal from a judgment confirming an insurance appraisal award. It is settled that “appraisers have the power only to determine a specific question of fact, ‘namely, the actual cash value of the insured [item].’ ” (Safeco Ins. Co. v. Sharma (1984) 160 Cal.App.3d 1060, 1063 [ 207 Cal.Rptr. 104 ] (Sharma); Ins. Code, § 2071.) Plaintiff Jeff Kacha contends the award here exceeds the appraisers’ jurisdiction as it includes determinations of whether certain damages were covered by his insurer, defendant Allstate Insurance Company (Allstate), and the trial court erred by finding he waived the jurisdictional rule of Sharma and section 2071. Kacha also contends the court erred by finding he is precluded from challenging the appraisal award because he took possession of, but did not negotiate, checks Allstate provided him to cover the award.
We agree with Kacha on both points. We reverse the judgment and direct the trial court on remand to enter an order vacating the appraisal award.
FACTUAL AND PROCEDURAL BACKGROUND
Kacha and his wife Tania Kacha’s custom home in the Scripps Ranch area of San Diego was completed in July 2002. In October 2003 the home and personal…