At a glance
- Name an appraiser
- The policy form (most homeowners forms use 20 days).
- Choose an umpire
- If the two appraisers cannot agree within 15 days, either party may ask a judge of a court of record in the county where the property sits to choose the umpire.
- If they cannot agree
- A judge of a court of record in the county of the property, on request (policy form).
- Suit deadline paused?
- No. Demanding appraisal does not pause the deadline to sue under the policy. Note that deadline before you demand appraisal.
- Licensing
- No state license for property claim appraisers. The policy requires each appraiser to be competent and impartial (some forms say disinterested), which is why an appraiser paid by a share of the award is open to challenge.
The clock
- Day 0 Written demand Either party. Certified mail.
- By day 20 Appraisers named 20 days for each side
- By day 35 Umpire chosen 15 days, or a judge appoints
- On site Inspection Both estimates, line by line
- The award Award signed Any two of three
- After filing Payment Commonly within 60 days
- Day 0 Written demand Either party. Certified mail.
- By day 20 Appraisers named 20 days for each side
- By day 35 Umpire chosen 15 days, or a judge appoints
- On site Inspection Both estimates, line by line
- The award Award signed Any two of three
- After filing Payment Commonly within 60 days
Appraisal in Delaware begins with a written demand from one party to the other. The deadlines in the table above run from that demand: first the period to name an appraiser, then the period for the two appraisers to agree on an umpire. Send the demand by certified mail with return receipt, and keep a copy with the policy.
Once the panel is complete, the appraisers inspect the property, prepare their estimates and work through the differences line by line. Only what they cannot settle goes to the umpire.
On the deadline to sue: No. Demanding appraisal does not pause the deadline to sue under the policy. Note that deadline before you demand appraisal.
What the panel decides
Amount of loss, which a federal court applying Delaware law has read to include causation and repair cost (CIGNA Ins. Co. v. Didimoi Property Holdings, D. Del. 2000). Coverage and policy interpretation are for the court.
Everywhere, including Delaware, the panel leaves alone whether the policy covers the loss, how the policy language is read, and whether the carrier acted in bad faith. Those are for the courts. An award that strays into them is the one most likely to be set aside.
Who may serve
No state license for property claim appraisers. The policy requires each appraiser to be competent and impartial (some forms say disinterested), which is why an appraiser paid by a share of the award is open to challenge.
Whatever the statute says, the policy standard is the one that decides most challenges: an appraiser must be competent and impartial, or in some forms disinterested. The contractor who will do the work, a public adjuster paid a share of the claim, or anyone employed by a party does not meet it. We are paid a flat fee for that reason.
The award
Once invoked, appraisal is treated as a mandatory form of arbitration that precludes recourse to the courts on the amount (Closser v. Penn Mut. Fire Ins. Co., 457 A.2d 1081 (Del. 1983)). Whether the appraisers stayed within their authority, awarded excluded items, or exceeded policy limits remains reviewable by the court (AIU Ins. Co. v. Lexes, 815 A.2d 312 (Del. 2003)).
Points particular to Delaware
Under 18 Del. C. § 331, a homeowners insurer must submit an amount-of-loss dispute to Department of Insurance arbitration unless the policy has a Department-approved appraisal or arbitration provision. A request is due within ninety days of the carrier's offer or denial, for a small fee, before a three-member panel.
Common losses in Delaware
The disputes we see most often in Delaware arise from:
- Coastal wind and nor'easters
- Water and burst pipes
- Ice and winter storm
Flood is insured separately, usually through the National Flood Insurance Program, under federal rules rather than Delaware's. Its appraisal clause settles price only, and its deadlines are its own. How a flood claim works
Authorities
- 18 Del. C. § 331
- Delaware DOI homeowners arbitration guide
- AIU Ins. Co. v. Lexes, 815 A.2d 312 (Del. 2003)
- The general guide to insurance appraisal
Statutes, regulations and case law change. This page was reviewed against official sources in October 2026 and describes the general rule; it is not legal advice about your claim.
Questions about appraisal in Delaware
Does my Delaware homeowners policy have an appraisal clause?
Almost certainly.
Delaware does not require the clause by statute, but nearly every homeowners and commercial property form sold in the state includes one. Look in the policy's conditions section, usually under the heading Appraisal.
How long do we have to name an appraiser in Delaware?
The policy form (most homeowners forms use 20 days).
Who chooses the umpire in Delaware if the appraisers cannot agree?
A judge of a court of record in the county of the property, on request (policy form).
Can the appraisers decide whether my loss is covered in Delaware?
Amount of loss, which a federal court applying Delaware law has read to include causation and repair cost (CIGNA Ins. Co. v. Didimoi Property Holdings, D. Del. 2000). Coverage and policy interpretation are for the court.
Does demanding appraisal pause the deadline to sue in Delaware?
No. Demanding appraisal does not pause the deadline to sue under the policy.
Note that deadline before you demand appraisal.
Do appraisers need a license in Delaware?
No state license for property claim appraisers.
The policy requires each appraiser to be competent and impartial (some forms say disinterested), which is why an appraiser paid by a share of the award is open to challenge.
Nearby: Connecticut, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont