Introduction to the Appraisal Clause

In the world of property insurance, disagreements are common. However, not all disagreements are about whether a claim is covered. Often, the insurer agrees that the loss is covered but disagrees with the policyholder on exactly how much the damage is worth. This is where the Appraisal Clause comes into play.

The appraisal process is a mandatory provision in standard homeowners policies (such as the HO-2, HO-3, and HO-5) designed to resolve disputes regarding the amount of loss without resorting to expensive and time-consuming litigation. For students preparing for the practice Homeowners questions, it is critical to distinguish between a dispute over coverage (which requires legal interpretation) and a dispute over valuation (which requires appraisal).

For a broader look at policy conditions, refer to our complete Homeowners exam guide.

Appraisal vs. Arbitration

FeatureAppraisalArbitration
Primary PurposeDetermining the 'Amount of Loss'Determining Coverage or Liability
TriggerDisagreement on valuationDisagreement on legal obligations
ParticipantsTwo appraisers and one umpireOne or more neutral arbitrators
Binding NatureBinding as to value onlyCan be binding or non-binding

The Step-by-Step Appraisal Procedure

The appraisal process follows a specific sequence of events defined in the policy conditions. If either the insurer or the insured makes a written demand for an appraisal, the following steps occur:

  • Selection of Appraisers: Each party must select a competent and disinterested appraiser within 20 days of the request. "Disinterested" means the appraiser should not have a financial stake in the outcome or a close personal relationship with the party hiring them.
  • Selection of the Umpire: The two appraisers then select an umpire. If they cannot agree on an umpire within 15 days, they may request that a judge of a court of record in the state where the property is located make the selection.
  • The Evaluation: Each appraiser evaluates the loss independently. They attempt to reach an agreement on the value of the property and the amount of the loss.
  • The Award: If the appraisers agree, they sign a written report, and the amount is set. If they disagree, they submit their differences to the umpire. An agreement in writing by any two of the three (the two appraisers or one appraiser and the umpire) determines the amount of the loss.
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Important Exam Distinction

Appraisal cannot be used to determine if a loss is covered by the policy. For example, if an insurer claims damage was caused by a flood (excluded) and the homeowner claims it was a pipe burst (covered), this is a coverage dispute, not a valuation dispute. Appraisal is only valid once both parties agree that the loss is covered but disagree on the repair or replacement cost.

Appraisal Process Economics

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Own Appraiser
Insured Pays
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Own Appraiser
Insurer Pays
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Umpire Fee
Shared Cost
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Expenses
Shared Cost

Costs and Expenses

One of the most frequently tested aspects of the appraisal clause is the allocation of costs. The policy is very specific to ensure fairness:

  • Each party is responsible for paying the appraiser they selected.
  • The expenses of the appraisal and the compensation for the umpire are split equally (50/50) between the insurer and the insured.

This cost-sharing mechanism encourages both parties to act reasonably. If one party selects an unnecessarily expensive appraiser, they bear that cost alone, but the neutral party's costs are shared to maintain impartiality.

Frequently Asked Questions

Yes, as to the amount of loss. Once any two of the three parties (the two appraisers and the umpire) sign the award, the valuation is set. However, the insurer still retains the right to deny the claim based on other policy conditions, such as fraud or lack of coverage.
If the two appraisers fail to agree on an umpire within the timeframe specified (usually 15 days), either party can petition a local court of record to appoint a qualified umpire.
Generally, no. The policy requires appraisers to be disinterested. A contractor who expects to profit from the repair work would have a conflict of interest and would not meet the standard of a disinterested party.
No. The standard policy language states that the insurer does not waive any of its rights under the policy by agreeing to or demanding an appraisal. This includes the right to investigate the claim further or deny it based on exclusions.