What is the meaning of the word "umpire" in the context of a claim for damages in a motor vehicle accident?
Saskatchewan, Canada
The following excerpt is from Pfeil v. Simcoe & Erie General Insurance Co. and McQueen Agencies Ltd., 1986 CanLII 2922 (SK CA):
The terminology used by the parties is important in determining the intention, but it is not conclusive. The word “umpire” has traditionally been employed in arbitration proceedings. An examination of the case law reveals that it has also had longstanding meaning in valuation proceedings, as evidenced by Collins v. Collins, supra. The two appraisers are required to submit their differences to an umpire if they are unable to agree. If they had agreed, there would be nothing to submit for determination. If the appraisers and umpire were arbitrators, the appraisers could not possibly reach a valid determination of the percentage of hail damage without consulting the third person.
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