Friday v. Trinity Universal of Kansas

*353Six J.,

concurring in part and dissenting in part:

I dissent from the majority’s view that appraisal is merely a form of arbitration and that K.S.A. 5-401(c)(l) precludes appraisal provisions in insurance contracts.

The question of Trinity’s liability under the policy is not at issue. The dispute centers on an appraisal of the property after the fire to determine the amount of the loss. The Trinity policy references an appraisement, not an arbitration. The method for determining the amount of the loss should not be judged by the strict rules applicable to a K.S.A. 5-401 arbitration and award.

“[T]…