Kansas Insurance Appraisal Law
In 1997 the Kansas Supreme Court held an insurance appraisal clause unenforceable as a form of arbitration under K.S.A. 5-401(c)(1). That statute was repealed in 2018, and a 2025-2026 bill to invalidate appraisal agreements in insurance contracts died.
Scope: Enforceability of appraisal clauses in insurance contracts. The Kansas Supreme Court's 1997 ruling rests on a statute that was repealed in 2018; AUA has not yet reviewed how Kansas courts have treated appraisal clauses since then.
Partially reviewed Review due Verified against the linked sources on October 20, 2026 · next review January 18, 2027
| Subject | Kansas rule | Authority and related decisions |
|---|---|---|
| Award | Enforceability unsettled after 2018 repeal. Friday v. Trinity Universal of Kansas, 262 Kan. 347 (1997): the court held that the Legislature intended the insurance exclusion in K.S.A. 5-401(c)(1) "to apply to all insurance contracts that require any form of arbitration," and that the appraisal provision before it was "a form of an arbitration clause and is therefore prohibited." K.S.A. 5-401 was repealed by L. 2018, ch. 90, §35. The current validity section, K.S.A. 5-428(a), contains no insurance exclusion. HB 2351 (2025-2026), which would have made certain agreements to appraise or arbitrate in insurance contracts invalid, died. AUA has not reviewed post-2018 Kansas decisions on the question. | Court decision Friday v. Trinity Universal of Kansas, 262 Kan. 347 (1997) Statutes K.S.A. 5-401 (repealed 2018) Statutes K.S.A. 5-428 (Validity of agreement to arbitrate) Statutes Kansas HB 2351 (2025-2026), appraisal and arbitration in insurance contracts (died) Court decision Friday v. Trinity Universal of Kansas (262 Kan. 347, 1997) |
Not yet reviewed for Kansas: state license, contingency fees, impartiality, umpire selection, causation, coverage, deadlines.
Kansas authorities by category
Statutes and legislation
- K.S.A. 5-401 (repealed 2018): Award
- K.S.A. 5-428 (Validity of agreement to arbitrate): Award
- Kansas HB 2351 (2025-2026), appraisal and arbitration in insurance contracts (died): Award
Administrative rules and codes
Regulator: Kansas Insurance Department
Kansas court decisions
- Friday v. Trinity Universal of Kansas (262 Kan. 347, 1997) (Supreme Court of Kansas): Held that the policy's appraisal provision was a form of arbitration clause prohibited in insurance contracts by K.S.A. 5-401(c)(1). Subjects: Award
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
Is an appraisal award binding in Kansas, and how is it enforced?
Enforceability unsettled after 2018 repeal. Friday v. Trinity Universal of Kansas, 262 Kan. 347 (1997): the court held that the Legislature intended the insurance exclusion in K.S.A. 5-401(c)(1) "to apply to all insurance contracts that require any form of arbitration," and that the appraisal provision before it was "a form of an arbitration clause and is therefore prohibited." K.S.A. 5-401 was repealed by L. 2018, ch. 90, §35. The current validity section, K.S.A. 5-428(a), contains no insurance exclusion. HB 2351 (2025-2026), which would have made certain agreements to appraise or arbitrate in insurance contracts invalid, died. AUA has not reviewed post-2018 Kansas decisions on the question.