Oklahoma Insurance Appraisal Law
Oklahoma's statutory appraisal clause sets the appraiser and umpire procedure, and the Oklahoma Supreme Court has held that the resulting award binds only the party that demanded appraisal.
Scope: Fire insurance policies issued in Oklahoma, which must follow the standard fire policy in 36 O.S. §4803(G), including its appraisal clause (last amended 2003).
Partially reviewed Review due Verified against the linked sources on October 20, 2026 · next review January 18, 2027
| Subject | Oklahoma rule | Authority and related decisions |
|---|---|---|
| Contingency fees | Each side pays its appraiser; umpire shared. "Each appraiser shall be paid by the party selecting him and the expenses of appraisal and umpire shall be paid by the parties equally" (36 O.S. §4803(G)). | Statutes 36 O.S. §4803 (Oklahoma standard fire policy) |
| Impartiality | Competent and disinterested. On written demand, each party selects "a competent and disinterested appraiser"; the appraisers first select "a competent and disinterested umpire" (36 O.S. §4803(G)). | Statutes 36 O.S. §4803 (Oklahoma standard fire policy) |
| Umpire selection | Appraisers select; district judge if no agreement. If the appraisers fail for 15 days to agree on an umpire, then on request of the insured or the insurer, after notice of hearing to the other party by certified mail, a judge of a district court in the county where the loss occurred selects the umpire (36 O.S. §4803(G)). | Statutes 36 O.S. §4803 (Oklahoma standard fire policy) |
| Coverage | Amount of loss only (federal reading). Applying Oklahoma law, the Tenth Circuit described the appraisal process as "only conclusive as to the amount of loss" and said it "has no bearing on coverage, causation, or other elements of liability," citing Massey (In re Hayes Family Trust, No. 15-6164 (10th Cir. Jan. 4, 2017)). This is a federal court's reading of Oklahoma law. | Court decision In re Hayes Family Trust v. State Farm Fire & Casualty Co., No. 15-6164 (10th Cir. Jan. 4, 2017) Court decision Massey v. Farmers Insurance Group, 837 P.2d 880 (Okla. 1992) |
| Award | Binds only the party that demanded appraisal. An itemized written award of any two, filed with the insurer, determines actual cash value and loss (36 O.S. §4803(G)). Answering a certified question in Massey v. Farmers Insurance Group, 837 P.2d 880 (Okla. 1992), the court held that §4803(G) "makes appraisal awards binding upon the party invoking the appraisal process, yet makes those same awards non-binding upon the party compelled to participate due to the other party's demand." | Statutes 36 O.S. §4803 (Oklahoma standard fire policy) Court decision Massey v. Farmers Insurance Group, 837 P.2d 880 (Okla. 1992) Court decision Massey v. Farmers Insurance Group (837 P.2d 880 (corrected June 22, 1992), 1992) |
| Deadlines | 20 days to name appraiser; 15 days for umpire. Each party selects its appraiser and notifies the other within 20 days of the written demand; the appraisers have 15 days to agree on an umpire before either side may ask a district judge to select one (36 O.S. §4803(G)). | Statutes 36 O.S. §4803 (Oklahoma standard fire policy) |
Not yet reviewed for Oklahoma: state license, causation.
Oklahoma authorities by category
Statutes and legislation
- 36 O.S. §4803 (Oklahoma standard fire policy): Impartiality, Umpire selection, Contingency fees, Award, Deadlines
Administrative rules and codes
Regulator: Oklahoma Insurance Department
Oklahoma court decisions
- Massey v. Farmers Insurance Group (837 P.2d 880 (corrected June 22, 1992), 1992) (Supreme Court of Oklahoma): Answering a certified question, the court held that the statutory appraisal clause in 36 O.S. §4803(G) makes an award binding on the party that invoked appraisal but not on the party compelled to participate. 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".
← All states · Oklahoma in the research library · Oklahoma decisions
Frequently asked questions
Can appraisers or umpires be paid based on the outcome in Oklahoma?
Each side pays its appraiser; umpire shared. "Each appraiser shall be paid by the party selecting him and the expenses of appraisal and umpire shall be paid by the parties equally" (36 O.S. §4803(G)).
What impartiality standard applies to appraisers in Oklahoma?
Competent and disinterested. On written demand, each party selects "a competent and disinterested appraiser"; the appraisers first select "a competent and disinterested umpire" (36 O.S. §4803(G)).
How is the umpire chosen in Oklahoma if the appraisers cannot agree?
Appraisers select; district judge if no agreement. If the appraisers fail for 15 days to agree on an umpire, then on request of the insured or the insurer, after notice of hearing to the other party by certified mail, a judge of a district court in the county where the loss occurred selects the umpire (36 O.S. §4803(G)).
Can an appraisal panel decide coverage in Oklahoma?
Amount of loss only (federal reading). Applying Oklahoma law, the Tenth Circuit described the appraisal process as "only conclusive as to the amount of loss" and said it "has no bearing on coverage, causation, or other elements of liability," citing Massey (In re Hayes Family Trust, No. 15-6164 (10th Cir. Jan. 4, 2017)). This is a federal court's reading of Oklahoma law.
Is an appraisal award binding in Oklahoma, and how is it enforced?
Binds only the party that demanded appraisal. An itemized written award of any two, filed with the insurer, determines actual cash value and loss (36 O.S. §4803(G)). Answering a certified question in Massey v. Farmers Insurance Group, 837 P.2d 880 (Okla. 1992), the court held that §4803(G) "makes appraisal awards binding upon the party invoking the appraisal process, yet makes those same awards non-binding upon the party compelled to participate due to the other party's demand."
What appraisal deadlines apply in Oklahoma?
20 days to name appraiser; 15 days for umpire. Each party selects its appraiser and notifies the other within 20 days of the written demand; the appraisers have 15 days to agree on an umpire before either side may ask a district judge to select one (36 O.S. §4803(G)).