Umpire Selection

What you'll learn

Why umpire selection determines outcome. How to build a list before you need one. Vetting criteria. Negotiation tactics.

4.3.1 Why umpire selection matters

In appraisal, the two appraisers are predictable — yours fights for you, carrier's fights for them. The umpire is the swing vote.

Award goes to whoever 2 of 3 sign. Realistically: it's umpire + one appraiser. So umpire = your award outcome.

Pick wrong → carrier wins. Pick right → you win.

4.3.2 Build your list before you need it

The biggest mistake: starting umpire search after appraisal demand. By then you're rushed, carrier is pushing names, and you make compromises.

Build a list of 5-10 acceptable umpires per county where you work.

How to build the list

Source	Method
Other PAs in your network	"Who do you trust?"
Court records	Search appraisal cases — see who's been court-appointed
Trade associations (FAPIA)	Vetted member umpires
Local attorneys	Property litigation attorneys know the umpires
Industry meetings	Annual property claim conferences
Past appraisal experience	Track outcomes per umpire

Track each umpire: name, contact, credentials, fee, outcomes you've seen, who paid (if known), special concerns.

4.3.3 Vetting criteria

✅ Strong umpire signals

Active in property claims (not retired or peripheral)
Mixed appearance history (sometimes for PA, sometimes carrier — neutral)
Reasonable hourly rate ($300-$600/hour typical FL)
Credentials (CPA, CFL, certified contractor, engineer, etc.)
Local FL knowledge of pricing, codes, weather patterns
Decisive but documented (writes clean awards)
No carrier or PA financial entanglement (no consulting, no equity interests)

❌ Avoid signals

Carrier-aligned (frequently works for carriers, loses to PAs)
PA-aligned (frequently works for PAs — carrier will reject)
Inactive (hard to reach, slow scheduling)
Litigated history (umpire decisions challenged repeatedly)
Out-of-state (lacks FL pricing knowledge)
Conflict (shared firm or business relationship)
Predictable bias (always splits the difference, regardless of evidence)

4.3.4 The negotiation

Step 1: Propose 3-5 names

Pick from your list. Send carrier:

Re: Umpire Selection — Claim # [#]

I propose the following candidates for umpire:

1. [Name] — [Credentials] — [City]
2. [Name] — [Credentials] — [City]
3. [Name] — [Credentials] — [City]

Please respond within 7 days with your acceptance / counter-proposals.

[Signature + License #]

Step 2: Carrier counter-proposes

They strike yours, propose theirs. List back-and-forth.

Step 3: Find common ground

Look for names BOTH parties accept. If overlap exists → settle there. If not → continue negotiation.

Step 4: If no agreement after 15 days

Either side can petition court for umpire appointment. Risky — you lose control. Court may pick someone unknown. Try to settle.

4.3.5 Negotiation tactics

Have your top 3 ranked

Know your "must have" vs "acceptable" vs "rejection." Don't reveal your ranking — but know it.

Reject carrier's "preferred" names quickly

If they propose Bob who's appraised 50 times for them: "Mr. X has documented carrier ties. I cannot accept."

Accept their reasonable choices

If they propose someone in your top 5, accept fast. Builds goodwill + gets you to award faster.

Use carrier rate concerns

Some umpires are expensive. Carrier may avoid. Use this — propose the strong, expensive names you want.

Don't reveal you've researched their bias

If you know "Mr. Y always sides with carriers," reject quietly without naming why. Don't tip your research.

Court appointment is your fallback

If carrier won't budge, threaten court petition. Court appointment risk usually pushes both sides to compromise.

4.3.6 Information to share with the umpire

Once selected, the umpire receives:

Both estimates (your scope + carrier's)
All photos
Both appraisers' positions (often via written memo)
Policy, statute citations
Expert reports

You influence the umpire most through:

Your appraiser's written submission
Site walk-through observations
Pre-decision conferences

4.3.7 Site walk-through best practices

The umpire visits the property. This is your show.

Before the visit

Confirm scope, photos, evidence ready
Brief client on professionalism (no arguments, just facts)
Have contractor present
Print packets for each party

During the visit

Walk every disputed area
Demonstrate hidden damage
Photograph during inspection
Take notes on questions / observations

After

Submit written rebuttal of any positions stated by carrier appraiser
Provide post-visit memo summarizing facts

4.3.8 The award

Once umpire decides, two of three sign:

Both appraisers sign → no umpire needed (rare)
Your appraiser + umpire sign → typically your win
Carrier appraiser + umpire sign → typically carrier win
Umpire sign alone → enforceable in some FL contexts

Get a clean, signed award document. File it. Carrier pays.

4.3.9 Common umpire selection mistakes

Mistake	Cost
No pre-built list	Forced to use carrier's names
Accept first proposal	May be carrier-favored
Rush to court appointment	Lose control
Pick cheapest	Often weakest reasoning
Pick most-connected	Bias risk
Trust carrier's vetting	Compromised

4.3.10 Action steps

Build umpire list — 5-10 names per county. Update annually.
Vet thoroughly — credentials, history, fees.
Track outcomes — note who delivers what.
Lead negotiation with proposed list of your strongest acceptable names.
Reject carrier-favored names with justification in writing.
Settle without court appointment when possible.
Manage the visit — full evidence + professional approach.

Next module: 4.4 Litigation Handoff.

Educational. Not legal advice. Umpire selection procedures governed by your policy + Florida law.