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MAHNKE v. SUPERIOR COURT

No. B216110.

180 Cal.App.4th 565 (2009)

PETER MAHNKE et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CALIFORNIA FAIR PLAN ASSOCIATION, Real Party in Interest.

Court of Appeals of California, Second District, Division Seven.

December 21, 2009.

Attorney(s) appearing for the Case

Shane, DiGiuseppe & Rodgers and Stephen A. DiGiuseppe for Petitioners.

No appearance for Respondent.

Millard, Holweger, Child & Marton and Bradley P. Childers for Real Party in Interest.

OPINION

PERLUSS, P. J.—

When an insurer and its insured fail to agree on the amount of loss following a fire, the Insurance Code requires each of them to select a "competent and disinterested appraiser," who are in turn required to agree on a "competent and disinterested umpire" (or request appointment of one by the court) to form a three-member panel to adjudge the amount of loss. (Ins. Code, § 2071.) California courts have concluded...

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