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The appraisal clause is one of the shortest paragraphs in a property policy, and one of the most powerful. Here’s what it typically says and what each part means for a Delaware property owner.
“If you and we fail to agree on the amount of loss…”
The trigger is a disagreement about the amount — not about coverage. If the insurer says your roof damage isn’t covered at all, appraisal usually isn’t the right tool. If it agrees the damage is covered but offers $9,000 while your contractor says $24,000, it is.
“…either may demand an appraisal of the loss.”
Either side can invoke it. The demand should be in writing and delivered as the policy directs. Keep proof of delivery.
“…each party will choose a competent and impartial appraiser…”
You choose your appraiser and the insurer chooses theirs. Many forms require impartiality, so avoid appraisers with a financial interest in the repair. Policies often set a window — commonly 20 days — to name your appraiser.
“The two appraisers will choose an umpire.”
If they can’t agree, either party can usually ask a court of record in the state where the property is located to select one.
“A decision agreed to by any two will be binding.”
This is the heart of the clause. Once two of the three sign, the amount of loss is set. That’s why preparation and the quality of your appraiser matter so much.
What the clause doesn’t do
- It doesn’t decide coverage.
- It doesn’t award penalties, interest or legal fees.
- It doesn’t necessarily pause other policy deadlines.
Read your own policy’s wording — forms differ. If anything in it is unclear, a Delaware attorney can explain how it applies to your situation.
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