The Dog
Senior Member
- Joined
- Apr 18, 2005
- Professional Status
- Certified General Appraiser
- State
- Oregon
Went to a 4 hours seminar yesterday offered by LIA (Liability Insurance Administrators) in Tigard Oregon. One of the many aspects discussed was the the new AP agreement and were LIA stood. The official response from one of the largest E&O Insurance agencies is found at:
http://appraiserinsurance.blogspot.com/2008/11/fnc-has-just-announced-newly-revised.html
Summary: The agreement does not void any E&O insurance policy. E&O does not cover your actions with AP. You are hung out to dry by yourself if AP wants to go after you. There is very little difference between this agreement and the last proposed. E&O insurance cannot cover these additional liabilities that appraisers agree to assume to FNC and its suppliers in the user agreement. Question whether you are willing to go to Mississippi to defend yourself as well. Also, pay attention to the clause limiting your rights to go after FNC regarding damages which limit you to " “the amount actually paid by [you] to AppraisalPort hereunder within the most recent 12 month period.” If individual appraisers could do it, we’d love to see appraisers limit their liability to their clients to the amount that a client pays them for an appraisal."
I think the last part of the above sentence expresses best the total feeling of getting screwed by signing this agreement.
I hope that a bunch of appraisers will refuse to sign it. I know here in Southern Oregon of at least 6 appraisers that will refuse to work for AP when this agreement goes into effect.
http://appraiserinsurance.blogspot.com/2008/11/fnc-has-just-announced-newly-revised.html
Summary: The agreement does not void any E&O insurance policy. E&O does not cover your actions with AP. You are hung out to dry by yourself if AP wants to go after you. There is very little difference between this agreement and the last proposed. E&O insurance cannot cover these additional liabilities that appraisers agree to assume to FNC and its suppliers in the user agreement. Question whether you are willing to go to Mississippi to defend yourself as well. Also, pay attention to the clause limiting your rights to go after FNC regarding damages which limit you to " “the amount actually paid by [you] to AppraisalPort hereunder within the most recent 12 month period.” If individual appraisers could do it, we’d love to see appraisers limit their liability to their clients to the amount that a client pays them for an appraisal."
I think the last part of the above sentence expresses best the total feeling of getting screwed by signing this agreement.
I hope that a bunch of appraisers will refuse to sign it. I know here in Southern Oregon of at least 6 appraisers that will refuse to work for AP when this agreement goes into effect.