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Ocean Side Appraisals

Insurance appraisal in Oregon

Oregon writes the appraisal clause into its fire policy statute, but the Oregon Supreme Court has read it narrowly to protect the right to a jury: an award binds only the party who demanded appraisal.

Clause written into state law Or. Rev. Stat. § 742.232; § 742.240

At a glance

Name an appraiser
Twenty days after the written demand.
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 state, on request.
Suit deadline paused?
No tolling. ORS 742.240 requires suit within twenty-four months of the loss.
Licensing
No license. The statutory clause calls for a competent and disinterested appraiser.

The clock

  1. Day 0 Written demand Either party. Certified mail.
  2. By day 20 Appraisers named 20 days for each side
  3. By day 35 Umpire chosen 15 days, or a judge appoints
  4. On site Inspection Both estimates, line by line
  5. The award Award signed Any two of three
  6. After filing Payment Commonly within 60 days

Appraisal in Oregon 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. ORS 742.240 requires suit within twenty-four months of the loss.

What the panel decides

Amount of loss. Appraisers do not decide whether the policy covers the loss, interpret policy language, or rule on bad faith. Those questions stay with the courts.

Everywhere, including Oregon, 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.

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

Under Molodyh v. Truck Ins. Exchange, 304 Or. 290 (1987), the award binds the party who demanded appraisal; the other party keeps its constitutional right to have the amount tried to a jury.

Points particular to Oregon

Because of Molodyh, an Oregon policyholder who did not demand appraisal may still take the amount of loss to a jury after an award. Who demands matters.

Common losses in Oregon

The disputes we see most often in Oregon arise from:

  • Wildfire
  • Wind and winter storm
  • Water and ice
  • Earthquake (separate coverage)

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

Authorities

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 Oregon

Does my Oregon homeowners policy have an appraisal clause?

Almost certainly.

In Oregon the appraisal clause is written into state law (Or. Rev. Stat. § 742.232; § 742.240), so fire and homeowners policies must include it. You will find it under the policy's conditions, usually under the heading Appraisal.

How long do we have to name an appraiser in Oregon?

Twenty days after the written demand.

Who chooses the umpire in Oregon if the appraisers cannot agree?

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

Can the appraisers decide whether my loss is covered in Oregon?

Amount of loss.

Appraisers do not decide whether the policy covers the loss, interpret policy language, or rule on bad faith. Those questions stay with the courts.

Does demanding appraisal pause the deadline to sue in Oregon?

No tolling.

ORS 742.240 requires suit within twenty-four months of the loss.

Do appraisers need a license in Oregon?

No license.

The statutory clause calls for a competent and disinterested appraiser.

Nearby: Alaska, California, Hawaii, Washington

Before you decide anything

Has a claim in Oregon stalled?

Tell us what happened and what the carrier has said so far. We know the Oregon rules, we will read the policy, and we will tell you plainly whether appraisal fits.

When you write to us

  1. 1. We read your policy, the carrier’s estimate, and the letters that came with it.
  2. 2. We tell you plainly whether appraisal fits your disagreement, and if it does not, who can help.
  3. 3. If it fits, you have the fee in writing before anything starts.
How we work, and what it costs