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Letter From State Farm -- Nonbinding Arbitration Offer

POSTED: 4:30 pm EST February 20, 2007

The following is a letter from State Farm that was referenced in a Call 6 for Help story on Feb. 20:

Dear Mr. and Mrs.,

We have reviewed your claim and regret we have been unable to reach an agreement with you on the extent of your loss. We want to make every effort to resolve your claim to your satisfaction recognizing that there can occasionally be disagreements regarding any claim. We would like to offer you the opportunity to resolve your claim through arbitration. This is a dispute resolution process which is conducted outside of the court system. It is a method designed for both parties to select a representative and present their position to an independent arbitrator who would then provide the parties a final decision. The decision would be binding upon State Farm Fire and Casualty Company® but non-binding upon you.

We would like to offer the services of two independent vendors who can arrange the arbitration hearing. The two vendors available are ADR Systems and Resolute Solutions. The contact person for ADR systems is Mary Nelson at 800-423-7010 and the website for ADR systems is www.adrsystems.com. The contact person for Resolute Solutions is Mike Weinzierl at 800-776-6060 x 129 and the website is www.resolutesystems.com. We encourage you to visit these two web sites before making a decision to accept arbitration. Following a request for services, the vendor will discuss convenient dates and location. They will work with you to select the arbitrator to conduct the hearing from a list of neutral arbitrators.

State Farm® agrees to pay for the expense of the hearing, including but not limited to the entire expense for the arbitrator.

After receiving your approval to pursue arbitration, State Farm Fire and Casualty Company® will be contacting an engineering firm to conduct an inspection of your roof. A representative from the engineering firm will call you to arrange a mutually convenient time to make the inspection. A copy of the engineer’s report would be made available to you and your selected representative prior to the arbitration hearing.

In order to pursue arbitration, you need to do the following:

  • Send a letter to State Farm Fire and Casualty Company® requesting arbitration.
  • The letter should inform State Farm Fire and Casualty Company® which vendor you would like to use (ADR Systems or Resolute Solutions).
  • All named insureds on the policy must sign the letter.
  • The letter should be mailed to:

    Rose M. Bina
    State Farm Catastrophe Office
    6947 Hillsdale Ct
    Indianapolis IN 46250

    We would also like to take this time to remind you of two important Policy Conditions. Under the "Appraisal" condition of the policy, if you and State Farm Fire and Casualty Company are unable to agree on the cost to repair or replace specific covered damage for which we have already provided a specific estimated cost, either party may invoke the "Appraisal" condition of the polciy. It states as follows:

      4. Appraisal. If you and we fail to agree on the amount of loss, either one can demand that the amount of the loss be set by appraisal. If either makes a written demand for appraisal, each shall select a competent, disinterested appraiser. Each shall notify the other of the appraiser's identity within 20 days of receipt of the written demand. The two appraisers shall then select a competent, impartial umpire. If the two appraisers are unable to agree upon an umpire within 15 days, you or we can ask a judge of a court of record in the state where the residence premises is located to select an umpire. The appraisers shall then set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon shall be the amount of the loss. If the appraisers fail to agree within a reasonable time, they shall submit their differences to the umpire. Written agreement signed by any two of these three shall set the amount of the loss. Each appraiser shall be paid by the party selecting that appraiser. Other expenses of the appraisal and the compensation of the umpire shall be paid equally by you and us.

    There is also a condition in the policy regarding your right to take legal action against State Farm arising out of a claim. It states as follows:

      6. Suit Against Us. No action shall be brought unless there has been compliance with the policy provisions. The action must be started within one year after the date of loss or damage.

    Please be advised that this letter is not intended to be a waiver of any term or condition of the policy of insurance issued by State Farm Fire and Casualty Company to you. State Farm Fire and Casualty Company® is not waiving any defense that may presently exist or come to exist in the future with regard to the claim that you have made with State Farm Fire and Casualty Company.

    If you have any further questions regarding your claim, please contact me at 317-913-9700.

    Sincerely,

    Claim Representative State Farm Fire and Casualty Company®

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