Section 128 of Ontario's Insurance Act provides an appraisal mechanism for certain disagreements about the value of property or the amount of loss. The applicable policy wording and the nature of the disagreement should be reviewed before the process is invoked.
Key point: A normal independent valuation report is not automatically a formal section 128 appraisal. The statutory process requires the appropriate notice and appraiser appointments.
Basic structure of the process
The Ontario automobile policy wording describes a process in which the insured and insurer each appoint an appraiser.
A qualifying disagreement is identified
The appraisal process is requested as required
Each side appoints an appraiser
The appraisers exchange positions and attempt to agree
An umpire may decide between positions if required
What the process addresses
The appraisal mechanism concerns the amount of loss or value issues within the governing legislation and policy.
Vehicle value
Equipment value
Nature or amount of repairs in appropriate cases
Amount or cost of repairs
Other amount-of-loss issues within the applicable wording
Preparation before appointment
The owner should preserve the valuation report, correspondence and supporting evidence.
Confirm the exact issue in dispute
Review the OAP 1 and policy wording
Identify deadlines or proof-of-loss requirements
Define the appraiser's scope in writing
Keep legal and coverage questions with qualified counsel or the appropriate regulator
A clear four-step approach
01Review the wording
Confirm that the disagreement falls within the appraisal mechanism.
02Appoint appraisers
Each side selects an appraiser under the required process.
03Exchange evidence
The appraisers review the property, documents and valuation positions.
04Agreement or umpire
The appraisers agree or refer unresolved differences to the selected umpire.
Frequently asked questions
Is section 128 the same as negotiating the claim?
No. Informal review and negotiation can occur before or outside the formal appraisal process.
Does IA Reports provide legal advice about section 128?
No. IA Reports provides appraisal and valuation services. Website information is general and does not replace legal advice.
Can the appraisal process decide fault or coverage?
The appraisal mechanism is generally directed to value or amount-of-loss issues, not every coverage or liability question.
Have the insurer valuation reviewed before accepting the offer. Send the report, settlement amount and basic vehicle details for an initial review.
General information only. Policy wording, claim facts and applicable law control. IA Reports does not guarantee a settlement increase or specific result.
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