New York Insurance Appraisal Law
New York's statute lets either side compel appraisal, provides for court appointment of an umpire, and says appraisal is not arbitration and cannot decide coverage.
Scope: Fire and property insurance (N.Y. Insurance Law §3408).
Partially reviewed Review due Verified against the linked sources on October 20, 2026 · next review January 18, 2027
| Subject | New York rule | Authority and related decisions |
|---|---|---|
| Umpire selection | Court appoints if no agreement. If the appraisers fail to agree on an umpire within the policy's time limit, a Supreme Court justice or county judge where the property is located must appoint a competent and disinterested umpire, on five days' written notice (Ins. Law §3408). | Statutes N.Y. Insurance Law §3408 |
| Coverage | Not allowed. Appraisal determines actual cash value, replacement cost, the extent of the loss and the amount of loss; it proceeds under the policy's appraisal clause "and not as an arbitration" and may not determine whether the policy covers any part of the loss (Ins. Law §3408). | Statutes N.Y. Insurance Law §3408 |
| Award | Court can compel appraisal. If a party fails to proceed with appraisal after the other's demand, either party may ask the court for an order compelling compliance (Ins. Law §3408). | Statutes N.Y. Insurance Law §3408 |
Not yet reviewed for New York: state license, contingency fees, impartiality, causation, deadlines.
New York authorities by category
Statutes and legislation
Administrative rules and codes
Regulator: New York Department of Financial Services
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
How is the umpire chosen in New York if the appraisers cannot agree?
Court appoints if no agreement. If the appraisers fail to agree on an umpire within the policy's time limit, a Supreme Court justice or county judge where the property is located must appoint a competent and disinterested umpire, on five days' written notice (Ins. Law §3408).
Can an appraisal panel decide coverage in New York?
Not allowed. Appraisal determines actual cash value, replacement cost, the extent of the loss and the amount of loss; it proceeds under the policy's appraisal clause "and not as an arbitration" and may not determine whether the policy covers any part of the loss (Ins. Law §3408).
Is an appraisal award binding in New York, and how is it enforced?
Court can compel appraisal. If a party fails to proceed with appraisal after the other's demand, either party may ask the court for an order compelling compliance (Ins. Law §3408).