Elberon Bathing Co., Inc. v. Ambassador Ins. Co

In Elberon Bathing Co., Inc. v. Ambassador Ins. Co., 77 N.J. 1, 11, 389 A.2d 439 (1978), the Court held that because the appraiser for the insured failed to reveal, and the umpire failed to consider, cost and extent of repairs made, age of the building, depreciation, and use of the building prior to the fire, there was legal misconduct warranting the court to set aside the umpire's award. Id. at 15-16, 389 A.2d 439. New Jersey employs the "broad evidence rule" under which the appraiser must consider "'every fact and circumstance which would logically tend to the formation of a correct estimate of the loss,'" so as to effectuate complete indemnity.