We have been having trouble resolving a fire loss claim under a homeowners policy. There is no dispute as to the cause of the fire loss and we have prepared a building estimate. The dispute is over the extent and valuation of the loss.

As the insured's representative, we instituted our right of appraisal. We submitted the name of our disinterested builder and asked the insurer to do likewise, but they refused to pick a disinterested builder. Instead, they went to their original builder, the one with whom we could not agree about the amount of damages.

We feel that this is a violation of the policy intent. Our interpretation of the appraisal clause, which states that "each party will choose a competent appraiser," is that both parties should choose a disinterested builder. If these two cannot reach an agreement, they select an umpire. Having one of the original parties to the dispute chosen as an appraiser does not make much sense to us.