Umpire Selection in Insurance Appraisal by State
How the umpire is chosen when the appraisers cannot agree: by the appraisers, by a court, or through the insurance department.
10 states have a researched rule on umpire selection, drawn from statutes. Other states are not yet reviewed.
| State | Rule |
|---|---|
| California | Appraisers select; judge if no agreement in 15 days |
| Florida | Disqualification on four grounds only |
| Illinois | Appraisers select; court appoints if no agreement (auto) |
| Iowa | State umpire list; Division selects if no agreement |
| Louisiana | Judge selects, or Commissioner panel |
| Minnesota | Appraisers select; court appoints if no agreement |
| New York | Court appoints if no agreement |
| Oklahoma | Appraisers select; district judge if no agreement |
| Texas | TWIA: commissioner selects if no agreement |
| Wisconsin | Court appoints on request |
California
Appraisers select; judge if no agreement in 15 days. Where the appraisal request is accepted, the appraisers first select a competent and disinterested umpire; if they fail for 15 days to agree, a judge of a court of record in the state where the property is located selects the umpire on request of the insured or the insurer (Ins. Code §2071).
Full California entry · verified October 20, 2026
Florida
Disqualification on four grounds only. An insurer or policyholder may challenge and disqualify a proposed umpire only if the umpire (1) is related to a party or its representative within the third degree; (2) previously represented a party professionally on the same claim or property; (3) represented someone with materially adverse interests in a substantially related matter; or (4) was an employer or employee of a party within the prior five years (Fla. Stat. §627.70151).
Full Florida entry · verified October 20, 2026
Illinois
Appraisers select; court appoints if no agreement (auto). If the appraisers do not agree on the loss within 5 business days, they jointly select an umpire; if they cannot agree on an umpire within 15 business days, either party may petition a court to appoint one (215 ILCS 5/398(b)(3)).
Full Illinois entry · verified October 20, 2026
Iowa
State umpire list; Division selects if no agreement. Within 15 calendar days of their selection, the appraisers agree on an umpire from the state umpire list. A party or appraiser may object for good cause within five business days (§522F.12). If the appraisers cannot agree, the Insurance Division randomly selects an umpire from the list, and a judge gives that selection deference (§522F.14(3)).
Full Iowa entry · verified October 20, 2026
Louisiana
Judge selects, or Commissioner panel. If the appraisers cannot agree on an umpire, either may ask a judge to select a qualified umpire. Alternatively, the appraisers may agree to ask the Commissioner, who randomly notifies at least five registered umpires and sends the parties a panel to choose from; if they still cannot agree, they may agree to a random selection from the panel, or a judge appoints (La. R.S. 22:1807.13, §1807.19). The umpire may not begin work until the appraisers fail to agree and direct the umpire in writing (§1807.20).
- Statutes La. R.S. 22:1807.13 (Appraisal process); La. R.S. 22:1807.19 (Umpire selection); La. R.S. 22:1807.20 (Umpire obligations)
Full Louisiana entry · verified October 20, 2026
Minnesota
Appraisers select; court appoints if no agreement. The appraisers first select a competent and disinterested umpire. If they cannot agree within 15 days, a district court judge in the county where the loss occurred may appoint one on written application with five days' notice (§65A.01, subd. 3).
Full Minnesota entry · verified October 20, 2026
New York
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
Full New York entry · verified October 20, 2026
Oklahoma
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)).
Full Oklahoma entry · verified October 20, 2026
Texas
TWIA: commissioner selects if no agreement. If the two appraisers agree on an umpire, that person serves. If they cannot agree, "the commissioner shall select an appraisal umpire from a roster of qualified umpires maintained by the department"; the department may require registration and charge a reasonable fee for the roster (Tex. Ins. Code §2210.574(e)). TWIA claims only.
Full Texas entry · verified October 20, 2026
Wisconsin
Court appoints on request. If an approved policy provides for applying to a court of record for appointment of a disinterested appraiser, arbitrator or umpire, any court of record except the court of appeals or the supreme court may be asked, and "the court shall make the appointment promptly" (Wis. Stat. §631.85).
Full Wisconsin entry · verified October 20, 2026
Other subjects: State license · Contingency fees · Impartiality · Causation · Coverage · Award · Deadlines
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".
Frequently asked questions
How is the umpire chosen in California if the appraisers cannot agree?
Appraisers select; judge if no agreement in 15 days. Where the appraisal request is accepted, the appraisers first select a competent and disinterested umpire; if they fail for 15 days to agree, a judge of a court of record in the state where the property is located selects the umpire on request of the insured or the insurer (Ins. Code §2071).
How is the umpire chosen in Florida if the appraisers cannot agree?
Disqualification on four grounds only. An insurer or policyholder may challenge and disqualify a proposed umpire only if the umpire (1) is related to a party or its representative within the third degree; (2) previously represented a party professionally on the same claim or property; (3) represented someone with materially adverse interests in a substantially related matter; or (4) was an employer or employee of a party within the prior five years (Fla. Stat. §627.70151).
How is the umpire chosen in Illinois if the appraisers cannot agree?
Appraisers select; court appoints if no agreement (auto). If the appraisers do not agree on the loss within 5 business days, they jointly select an umpire; if they cannot agree on an umpire within 15 business days, either party may petition a court to appoint one (215 ILCS 5/398(b)(3)).
How is the umpire chosen in Iowa if the appraisers cannot agree?
State umpire list; Division selects if no agreement. Within 15 calendar days of their selection, the appraisers agree on an umpire from the state umpire list. A party or appraiser may object for good cause within five business days (§522F.12). If the appraisers cannot agree, the Insurance Division randomly selects an umpire from the list, and a judge gives that selection deference (§522F.14(3)).
How is the umpire chosen in Louisiana if the appraisers cannot agree?
Judge selects, or Commissioner panel. If the appraisers cannot agree on an umpire, either may ask a judge to select a qualified umpire. Alternatively, the appraisers may agree to ask the Commissioner, who randomly notifies at least five registered umpires and sends the parties a panel to choose from; if they still cannot agree, they may agree to a random selection from the panel, or a judge appoints (La. R.S. 22:1807.13, §1807.19). The umpire may not begin work until the appraisers fail to agree and direct the umpire in writing (§1807.20).
How is the umpire chosen in Minnesota if the appraisers cannot agree?
Appraisers select; court appoints if no agreement. The appraisers first select a competent and disinterested umpire. If they cannot agree within 15 days, a district court judge in the county where the loss occurred may appoint one on written application with five days' notice (§65A.01, subd. 3).
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).
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)).
How is the umpire chosen in Texas if the appraisers cannot agree?
TWIA: commissioner selects if no agreement. If the two appraisers agree on an umpire, that person serves. If they cannot agree, "the commissioner shall select an appraisal umpire from a roster of qualified umpires maintained by the department"; the department may require registration and charge a reasonable fee for the roster (Tex. Ins. Code §2210.574(e)). TWIA claims only.
How is the umpire chosen in Wisconsin if the appraisers cannot agree?
Court appoints on request. If an approved policy provides for applying to a court of record for appointment of a disinterested appraiser, arbitrator or umpire, any court of record except the court of appeals or the supreme court may be asked, and "the court shall make the appointment promptly" (Wis. Stat. §631.85).