Insurance appraisal in New York

At a glance

Name an appraiser

Twenty days after the written demand (Ins. Law § 3404).

Choose an umpire

Fifteen days; then a judge of a court of record selects on request.

If they cannot agree

A judge of a court of record in the county of the property, on request.

Suit deadline paused?

No tolling. The statutory form allows twenty-four months to sue.

Licensing

No license. The statutory clause calls for a competent and disinterested appraiser. Department of Financial Services opinions confirm that neither party may reject the other's choice of appraiser; a challenge to competence or disinterest goes to the court.

The clock

Appraisal in New York 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 tolling. The statutory form allows twenty-four months to sue.

What the panel decides

Amount of loss. New York courts hold that appraisers determine the amount of a loss and not whether the policy covers it.

Everywhere, including New York, 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 license. The statutory clause calls for a competent and disinterested appraiser. Department of Financial Services opinions confirm that neither party may reject the other's choice of appraiser; a challenge to competence or disinterest goes to the court.

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

An award is treated as binding on the amount of loss. Courts set awards aside only on narrow grounds such as fraud, mistake, an appraiser exceeding the authority the clause gives, or a partial appraiser.

Points particular to New York

New York follows the common form without notable departures. The general guide to how appraisal works applies as written.

Common losses in New York

The disputes we see most often in New York arise from:

• Coastal wind and hurricane
• Nor'easters and winter storm
• Water and burst pipes
• Fire

Flood is insured separately, usually through the National Flood Insurance Program, under federal rules rather than New York's. Its appraisal clause settles price only, and its deadlines are its own. How a flood claim works

Authorities

• N.Y. Ins. Law § 3404
• 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 New York

Nearby: Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Vermont