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4. Do the
Average Adjusters decide how much is due for an insurance claim?
The simple answer is no and yes!
A qualified Average Adjuster prepares a formal Adjustment of the claim
under a policy of insurance- this statement is an opinion, based on
all the relevant facts and after consultation with Underwriters’ surveyors
and such other experts as may be required in the circumstances. However,
the opinion of the Average Adjuster does not have the force of law
in Canada, nor in most other maritime nations.
The Average Adjustment is generally regarded as an expert opinion of
the liability which arises from a marine casualty. As such, it must
reflect the specific terms of the contract of insurance between the
Assured and the Underwriters as well as the applicable law and practice.
The experience and skill of Average Adjusters in dealing with the often
complex circumstances of the loss and issues of coverage under the
policies will most often result in a statement that is acceptable to
all parties.
The Association of Average Adjusters of Canada imposes a code of professional
conduct on all its members who must adhere to the practice guidelines
established by the Association. These guidelines promote the correct
principles of adjustment of marine claims and uniformity of practice
amongst Average Adjusters.
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