Khorsand

Khorsand v. Liberty Mut. Fire Ins. Co.

Good Law
20 Cal. App. 5th 1028·230 Cal. Rptr. 3d 89
Court of Appeal of CaliforniaFebruary 27, 2018B280273California3,637 words

Opinion

lead Opinion

Manella, J.

*1030 Appellants Arash Khorsand and Mahshid Fahandeza challenge the confirmation of an appraisal award under homeowners insurance policies issued by respondents Liberty Mutual Fire Insurance Company and Liberty Insurance Corporation (collectively, Liberty Mutual). Appellants contend the appraisers exceeded their authority regarding the award and that it was the product of fraud. In the published portion of this decision, we conclude that the trial court erred under Evidence Code section 703.5 in admitting part of an appraiser's declaration that appellants offered in opposing confirmation of the award. In the unpublished portion of this decision, we reject appellants' challenges to the confirmation of the award. We thus affirm the judgment confirming the award.

*92 *1031 RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

In March 2013, appellants' two-story house in Pacific Palisades was insured under a homeowners policy issued by Liberty Mutual. On March 5, 2013, they reported damage due to water from an upstairs water pipe. After they submitted a claim (the pipe claim), Liberty Mutual initially paid $7,996.84. Appellants hired adjuster Robert Barton, who estimated that the loss totaled…

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