| (a) Required qualifications. To qualify as an umpire,
a person must:
(1) be one of the following:
(A) an engineer or architect with experience and training
in building construction, repair, estimating, or investigation of
property damage;
(B) an adjuster or public adjuster with experience
and training in estimating property damage;
(C) a general contractor with experience and training
in building construction, repair, or estimating property damage;
(D) a licensed attorney; or
(E) a current or former judge of any Texas court of
record or the State Office of Administrative Hearings; and
(2) not have any disqualifying conflicts of interest
listed in subsection (d) of this section.
(b) Preferred qualifications. The following qualifications
are preferred:
(1) experience with the appraisal of property damage
claims; and
(2) experience as an appraisal umpire on at least three
property damage claims in the previous 12 months.
(c) Potential conflicts. A potential conflict of interest
exists when an umpire:
(1) is a former association or claimant employee or
contractor or contractor's employee;
(2) is related within a degree of relationship described
by Government Code §573.002 to:
(A) a former association employee;
(B) a former association contractor or contractor's
employee;
(C) a former claimant employee; or
(D) a former claimant contractor or contractor's employee;
(3) is a current association policyholder;
(4) previously filed a claim with the association;
(5) is a current employee or contractor of an insurance
company or public insurance adjusting company; or
(6) was a party or represented a party to a lawsuit
with the association within the previous five years.
(d) Disqualifying conflicts. A potential umpire has
a disqualifying conflict of interest if the potential umpire:
(1) is a current association or claimant employee;
(2) is a current association or claimant contractor,
or contractor's employee, except that it is not a conflict for the
umpire to be a contractor solely to work on the pending appraisal;
(3) is related within a degree of relationship described
by Government Code §573.002 to:
(A) a current association employee;
(B) a current association contractor or contractor's
employee;
(C) the claimant or a representative of the claimant;
(D) a current claimant employee; or
(E) a current claimant contractor or contractor's employee;
(4) currently has an open claim, or acts as a representative
or public adjuster on an open claim with the association;
(5) is a party to or represents a party to a current
lawsuit with the association;
(6) adjusted the loss or acted as a public adjuster
on the loss involved in the claim;
(7) is related to the adjuster or public adjuster who
adjusted the loss;
(8) is an employee of the adjusting company or public
insurance adjusting company that adjusted the loss or represented
the claimant on the loss; or
(9) has any other direct or indirect interest, financial
or otherwise, of any nature that substantially conflicts with the
umpire's duties.
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