The title is a trick query. Actually, they are often sued. However can they be sued efficiently?  

The California case on this concern is Lambert v. Carneghi.¹ The related info of the case state:

Appellants employed attorneys to signify them within the appraisal course of. One of many attorneys employed respondent Dailey as an professional ‘to outline, describe and estimate the alternative value’ of appellants’ house for the appraisal course of. (Appellants additionally employed respondent Carneghi as their appraiser, ‘to offer appraisal companies in reference to the appraisal at concern, basically to find out alternative value and to be their advocate within the appraisal course of and to verify these related to the appraisal understood the which means and utility of the time period alternative value and to persuade these concerned within the appraisal of the correctness of his valuation by supporting it with info and logic.’

Appellants’ attorneys chosen a retired choose who had by no means carried out a alternative value appraisal as an umpire. In response to appellants, the umpire ‘demonstrated a basic misunderstanding’ of alternative prices initially of the listening to on the appraisal. In response to appellants’ grievance, not one of the folks employed by appellants modified, and even adequately tried to alter, the umpire’s understanding, though that they had been employed to take action. They likewise failed all through the appraisal listening to to make clear the which means of the time period ‘alternative value.’ As a result of the folks whom appellants employed didn’t adequately outline the proper customary of alternative value for the appraisal, appellants weren’t awarded correct alternative prices. Appellants allege they have been broken by no less than $1.8 million.

Appellants sued respondents Carneghi and Dailey in reference to the allegedly flawed appraisal course of. As amended, their grievance alleged a single reason for motion for negligence towards respondents. Respondents each demurred to the grievance.

Do not forget that I’ve made the purpose that appraisers and umpires ought to carry insurance coverage. As soon as appraisers and umpires get sued, legal responsibility errors and omission insurance coverage pays for the prices of attorneys—even when these attorneys show that appraisers and umpires can’t be efficiently sued.  

On this case, the California court docket held that appraisers and umpires have arbitral immunity:

Appellants argue usually that the Legislature ‘has not supplied a protect to those that are employed to do a job for a celebration to a fireplace insurance coverage appraisal and thru their negligence fail to do it and thereby trigger damage to the get together using them.’ Though they acknowledge that Carneghi argued beneath that he had arbitral immunity, they don’t particularly handle this concern of their opening temporary, aside from to say that ‘[t]he arbitral immunity [Carneghi] argued was based mostly on the notion that [appellants’] swimsuit towards them, based mostly upon their misconduct within the appraisal course of, was actually complaining about their actions in an arbitration…. Since an appraisal doesn’t represent an arbitration, [Carneghi is] not resistant to swimsuit.’ Having failed to handle the problem of arbitral immunity of their opening temporary, they’ve arguably waived it….

Even assuming the problem was not waived, it clearly lacks advantage. ‘It lengthy has been acknowledged that, in non-public arbitration proceedings, an arbitrator enjoys the good thing about an arbitral privilege as a result of the function that she or he workout routines is analogous to that of a choose…. This rule—immunizing arbitrators in non-public contractual arbitration proceedings from tort legal responsibility—is nicely established in California…‘ ‘Arbitrators are judges chosen by the events to determine the issues submitted to them….’ … Arbitrators have been prolonged the safety of judicial immunity, as a result of they carry out ‘the operate of resolving disputes between events, or of authoritatively adjudicating non-public rights.’ …Though we agree with appellants that no case has particularly prolonged arbitral immunity to appraisers, we disagree with appellants’ assertion that any evaluation of arbitral immunity is ‘extensive of the mark,’ given the similarities between arbitrations and value determinations pursuant to part 2071.

Immunity for appraisers and umpires applies to appraisal proceedings in California.  

Thought For The Day    

To accumulate immunity to eloquence is of the utmost significance to the residents of a democracy.

—Bertrand Russell

¹ Lambert v. Carneghi, 158 Cal. App. 4th 1120, 70 Cal. Rptr. 3d 626 (2008).