Texas Insurance Education

The Appraisal Clause

The appraisal clause is one of the most powerful and underused tools available to Texas policyholders. When you and your insurer disagree about the amount of a covered loss, the appraisal clause provides a binding resolution process without requiring litigation.

01

When Appraisal Applies

Appraisal applies to disputes about the amount of a covered loss — not disputes about whether coverage exists. If your insurer denies your claim entirely, appraisal is not available. If your insurer accepts coverage but disputes the dollar amount, appraisal is the mechanism to resolve that disagreement.

02

How the Appraisal Process Works

Either party can invoke appraisal by sending written demand to the other. Each side selects its own independent appraiser. The two appraisers try to agree on the amount of loss. If they cannot, they jointly select a neutral umpire. Any award agreed to by any two of the three is binding. Each party pays its own appraiser; the umpire costs are split.

03

Choosing Your Appraiser

Your appraiser must be independent. Public adjusters, contractors, engineers, and estimators with relevant expertise are common choices. The quality of your appraiser matters significantly — someone familiar with Texas construction costs and estimating software will produce a more credible appraisal.

04

Practical Considerations Before Invoking

Before invoking appraisal: exhaust direct negotiation; document the gap between your position and the insurer's in writing; understand the time requirements in your specific policy; and assess whether the disputed amount justifies the cost. For a $5,000 dispute, the math may not work. For a $50,000 dispute, it often does.

Texas-Specific Facts

What Texas Policyholders Need to Know

  • Texas standard homeowners policy includes appraisal clause
  • Texas Supreme Court: appraisal award can bar bad faith claims (State Farm v. Johnson)
  • Invoking appraisal in Texas may affect your ability to pursue subsequent bad faith claims
  • Texas appraisers must be competent and impartial — not merely independent
  • Public adjusters frequently serve as appraisers in Texas catastrophe claims
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Regulatory resource: Texas Department of Insurancehttps://www.tdi.texas.gov. The Insurance Professor provides education only — not legal or insurance advice.

The Appraisal Clause — Other States