The Appraisal Clause
When the adjuster refuses to pay what your roof actually costs, you do not have to accept their lowball offer, and you do not need to hire a lawyer. You can invoke binding arbitration.
The Appraisal Index
Insurance adjusters frequently issue a “final settlement” letter stating they will not review any more supplements. Homeowners often mistakenly believe their only remaining option is to hire an expensive lawyer. Your policy already contains the mechanism to bypass the adjuster: The Appraisal Clause.
1. What is the Appraisal Clause?
Read your homeowner’s insurance policy. Almost every policy in the United States contains an “Appraisal” section. It is essentially a binding arbitration mechanism designed exclusively for resolving price disputes.
If you invoke it, the insurance adjuster loses control of your claim. The decision-making power is handed over to independent, third-party experts.
2. The Crucial “Price vs. Coverage” Rule
The “Coverage” Rejection
Appraisal is strictly for disputes over the amount of loss (price). It is NOT for disputes over coverage. If the insurance company claims your roof leak is caused by “wear and tear” (a coverage denial), you cannot use Appraisal to fight them. You must first prove it is a covered peril (e.g., wind damage) using an engineer. Once they agree it is covered but they only want to pay $5,000 when the roof costs $15,000, then you invoke Appraisal.
3. How the 3-Person Panel Works
Once invoked, the process moves quickly:
- You hire an Independent Appraiser: You pay this person (usually a Public Adjuster or former contractor) out of your own pocket. They represent your interests.
- The Carrier hires an Appraiser: The insurance company brings in their own independent expert.
- The Two Appraisers negotiate: They meet on your roof and review the pricing line-by-line. If they agree on a final number, the claim is settled immediately, and the insurance company must pay it.
- The Umpire: If the two appraisers cannot agree, they mutually hire a neutral “Umpire.” The Umpire reviews both arguments and makes a final, binding decision. You and the insurance company split the Umpire’s fee 50/50.
4. How to Legally Invoke the Clause
To start the clock, you must invoke the clause in writing. You cannot do it over the phone. Use the script below to formalize your demand.
“As we have reached an impasse regarding the amount of loss on this claim, I am formally invoking the Appraisal Clause as outlined in my policy conditions.
I am currently securing my independent appraiser and will forward their contact information to you within the required 20-day timeframe. Please provide the name and contact information of the carrier’s chosen appraiser so that the two parties may begin the selection of a mutually agreed-upon Umpire.”