Insurance appraisal in Texas

At a glance

Name an appraiser

Twenty days under most Texas forms and under the Department of Insurance's proposed rules, which as of September 2026 also propose that a demand be made within one year of the carrier's notice accepting or rejecting the claim.

Choose an umpire

Fifteen days; the proposed rules require the policy to offer appointment by a county or district court if the appraisers cannot agree.

If they cannot agree

A judge of a court of record in the county of the property, on request (policy form and proposed rules).

Suit deadline paused?

No tolling under Texas case law. Most Texas property claims carry a two-year limitations period.

Licensing

No appraiser license. The proposed Department rules require appraisers and umpires to be competent, independent of the parties and disinterested in the outcome.

The clock

Appraisal in Texas 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 under Texas case law. Most Texas property claims carry a two-year limitations period.

What the panel decides

Amount of loss only. Chapter 1813 states that the required provision exists solely to determine the amount of loss when it is in dispute, and does not affect any other policy term. Under State Farm Lloyds v. Johnson (Tex. 2009) that includes separating storm damage from wear and tear.

Everywhere, including Texas, 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 appraiser license. The proposed Department rules require appraisers and umpires to be competent, independent of the parties and disinterested in the outcome.

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

Binding on the amount of loss as to both policyholder and insurer, except for fraud, accident or material mistake relevant to the appraisal, or an award made without authority (Ins. Code § 1813.004).

Points particular to Texas

Chapter 1813 applies to residential property and personal auto policies. It does not apply to commercial policies or to the Texas Windstorm Insurance Association.

The Department's proposed rules (28 TAC §§ 5.9800 to 5.9806, published May 2026) would give the appraisers one hundred twenty days from the demand to agree, and two hundred forty days for an award when an umpire is needed. They were still proposed, not adopted, at the end of September 2026.

For TWIA policies, an appraisal demand must be made within sixty days of the coverage notice, with a thirty-day good-cause extension (Ins. Code § 2210.574).

The Texas Supreme Court has long enforced appraisal clauses as written. In State Farm Lloyds v. Johnson (2009) it held appraisers may separate hail damage from wear and tear in fixing the amount of loss, while liability stays with the courts. In Ortiz v. State Farm Lloyds (2019) it held that paying an award generally forecloses contract and bad-faith claims, and in Rodriguez v. Safeco (2024) that paying the award with interest forecloses attorney's fees under chapter 542A.

Texas requires sixty-one days' pre-suit notice for most weather-related property claims (Ins. Code ch. 542A). It is separate from an appraisal demand.

Common losses in Texas

The disputes we see most often in Texas arise from:

• Hail
• Hurricane and coastal wind
• Freeze and burst pipes
• Tornado and wind
• Wildfire

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

Authorities

• Tex. Ins. Code ch. 1813 (Appraisal of Disputed Losses)
• SB 458 (89th Leg., 2025)
• TDI proposed 28 TAC §§ 5.9800 to 5.9806
• Tex. Ins. Code § 2210.574 (TWIA)
• State Farm Lloyds v. Johnson, 290 S.W.3d 886 (Tex. 2009)
• 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 Texas

Nearby: Arkansas, Louisiana, Oklahoma