Kacha v. Allstate Ins. Co

In Kacha v. Allstate Ins. Co. (2006) 140 Cal.App.4th 1023, the appraisal panel assigned a loss value of zero to numerous items submitted by the insured, including the front entry door and decking. (Kacha, supra, 140 Cal.App.4th at p. 1029.) The insured sought to vacate the award on the ground the panel made improper coverage determinations by awarding nothing for numerous items. The insurer contended the panel awarded nothing for various items simply because it found there was no damage to the items and not because it rejected coverage on causation grounds. (Id. at p. 1035.) In rejecting the insurer's explanation, the appellate court referred to the insurer's appraisal brief and noted there appeared to be no dispute that the front entry door and decking were damaged; the insurer's primary argument was that the damage was not caused by the fire. Consequently, the court concluded "it is apparent that the appraisal panel made at least some coverage determinations, thereby exceeding its authority." (Ibid.) Notably, the court did not reject the principle that an appraisal panel may award nothing for items that are not damaged. Instead, Kacha stands for the principle that an appraisal panel exceeds its authority by assigning a value of zero to a damaged item based on a determination that the damage is not covered by the insurance policy.