Indiana Insurance Appraisal Law
An Indiana appellate decision held that an insurer that let an appraisal go forward without raising its replacement-cost defense waived that defense, and that an award item made conditional on the court finding coverage left that decision to the court.
Scope: Property insurance appraisal under policy appraisal clauses, as applied by the Indiana Court of Appeals.
Partially reviewed Review due Verified against the linked sources on October 20, 2026 · next review January 18, 2027
| Subject | Indiana rule | Authority and related decisions |
|---|---|---|
| Coverage | Left to the court. In Westfield National Insurance Co. v. Nakoa (Ind. Ct. App. Feb. 10, 2012), the umpire's award listed $10,200 for loss of use "if Court finds coverage for this loss." The court held that the award was "not the last word on the subject" and left the decision to the trial court, which properly declined to award it. | Court decision Westfield National Insurance Co. v. Nakoa, No. 64A03-1108-PL-345 (Ind. Ct. App. Feb. 10, 2012) Court decision Westfield National Insurance Co. v. Nakoa (No. 64A03-1108-PL-345 (reported at 963 N.E.2d 1126), 2012) |
| Award | Unraised policy defenses can be waived. In Nakoa, the insurer "stood silently and idly by" while the appraisal valued the loss at replacement cost, without saying its own figure was actual cash value. The court held the insurer waived its ability to assert unmet conditions for replacement-cost coverage and affirmed judgment on the replacement-cost figure. | Court decision Westfield National Insurance Co. v. Nakoa, No. 64A03-1108-PL-345 (Ind. Ct. App. Feb. 10, 2012) Court decision Westfield National Insurance Co. v. Nakoa (No. 64A03-1108-PL-345 (reported at 963 N.E.2d 1126), 2012) |
Not yet reviewed for Indiana: state license, contingency fees, impartiality, umpire selection, causation, deadlines.
Indiana authorities by category
Administrative rules and codes
Regulator: Indiana Department of Insurance
Indiana court decisions
- Westfield National Insurance Co. v. Nakoa (No. 64A03-1108-PL-345 (reported at 963 N.E.2d 1126), 2012) (Court of Appeals of Indiana): An insurer that let an appraisal value the loss at replacement cost without raising its actual-cash-value position waived its replacement-cost conditions. An award item granted "if Court finds coverage" left that decision to the court. Subjects: Award, Coverage
Research, not legal advice. Each entry summarizes the linked statute, regulation, guidance or court decision as checked on the date shown. Laws change, policy wording controls, and courts in the same state can disagree. Read the source and consult a licensed attorney before relying on any entry. Coverage is not yet exhaustive: states marked "Not yet reviewed" have not been researched, not "no rule".
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Frequently asked questions
Can an appraisal panel decide coverage in Indiana?
Left to the court. In Westfield National Insurance Co. v. Nakoa (Ind. Ct. App. Feb. 10, 2012), the umpire's award listed $10,200 for loss of use "if Court finds coverage for this loss." The court held that the award was "not the last word on the subject" and left the decision to the trial court, which properly declined to award it.
Is an appraisal award binding in Indiana, and how is it enforced?
Unraised policy defenses can be waived. In Nakoa, the insurer "stood silently and idly by" while the appraisal valued the loss at replacement cost, without saying its own figure was actual cash value. The court held the insurer waived its ability to assert unmet conditions for replacement-cost coverage and affirmed judgment on the replacement-cost figure.