Insurance appraisal in California
California writes the appraisal clause into its standard form fire policy, and courts run appraisal under the state's arbitration law. That brings informal proceedings, a panel limited to valuing the loss, and a 100-day window to challenge an award in court. After a government-declared disaster, either side may ask for appraisal, but neither can force it.
At a glance
- Name an appraiser
- 20 days from the written request (Ins. Code § 2071).
- Choose an umpire
- 15 days for the appraisers to agree on an umpire (Ins. Code § 2071).
- If they cannot agree
- On request of either side, a judge of a court of record in the state where the property is located picks the umpire (Ins. Code § 2071).
- Does appraisal pause the deadline to sue?
- The statute does not make appraisal a pause. The suit clause in § 2071 is 12 months from inception of the loss, or 24 months if the loss relates to a state of emergency. Separately, California courts pause the 12 months from timely notice of the claim until the insurer denies it in writing (Prudential-LMI).
- Who may serve
- No license is part of the statute. The clause calls for a competent and disinterested appraiser and umpire. The umpire must make the disclosures that California's arbitration law requires of neutrals. Party-chosen appraisers do not (Mahnke). More below
Deadlines in California
The clock
- Day 0Written demandEither party, in writing
- By day 20Appraisers named20 days for each side
- By day 35Umpire chosen15 days for the appraisers to agree; if not, as the policy or state law provides
- On siteInspectionBoth estimates, line by line
- The awardAward signedAny two of three
- After the awardPaymentPayable 60 days after proof of loss and a filed award
Appraisal starts with a written request from either side after you and the insurer fail to agree on actual cash value or the amount of loss. Each side then has 20 days to choose a competent and disinterested appraiser and tell the other. The appraisers choose a competent and disinterested umpire, and if they cannot agree within 15 days, either side can ask a judge to pick one. Each side pays its own appraiser, and the umpire and other appraisal expenses are split equally.
Section 2071 says appraisal proceedings are informal unless both sides agree otherwise. That means no depositions or other formal discovery, no formal rules of evidence and no court reporter. The appraisers value the loss and state actual cash value and loss for each item. They send only their differences to the umpire. An itemized written award signed by any two of the three, once filed with the insurer, fixes the amount.
What the panel decides
Amount of loss, not coverage
Appraisers value the items put before them. They do not decide whether the policy covers an item, how the policy reads, or whether the insurer acted in bad faith. In Kacha v. Allstate (2006), a panel that put zero on items it believed the fire had not caused went beyond its power, because that amounted to deciding causation.
Lee v. California Capital Ins. Co. (2015) sets out how far a panel can go. It may value an item even when coverage for it is disputed, as long as the award makes clear it does not decide coverage. It may award nothing for an item that is undamaged or never existed. If the condition of the property before the loss is disputed, it may state different amounts for different assumptions and label them. It must reach one valuation, not two competing ones. The court also said the better practice is to note why an item got zero, for example by marking it undamaged.
Who may serve
Section 2071 calls for a competent and disinterested appraiser from each side and a competent and disinterested umpire. California courts treat appraisal as arbitration under the Code of Civil Procedure, so the umpire must disclose anything that could make a reasonable person doubt the umpire's impartiality (Code Civ. Proc. § 1281.9). In Mahnke v. Superior Court (2009), the court held that this disclosure duty applies to the umpire and not to party-chosen appraisers. A party-chosen appraiser can still be challenged for cause if a reasonable person aware of the facts would doubt the appraiser's impartiality. In Mahnke the court found no ground to disqualify an appraiser who had a disclosed professional relationship with another client of the firm representing the policyholders.
The award
A petition to vacate or correct an appraisal award must be served and filed within 100 days after service of a signed copy of the award (Code Civ. Proc. § 1288). A petition to confirm can be filed within four years after service. The 100 days run from service of the award, not from the loss. Grounds to vacate under § 1286.2 include an award procured by fraud or corruption, an arbitrator who exceeded their powers where the award cannot be corrected without affecting the merits, and an umpire who failed to make a required disclosure. Courts do not re-weigh whether the panel reached the right number (Lee, quoting Kacha).
Points particular to California
After a government-declared disaster, § 2071 provides that appraisal may be requested by either the insured or the insurance company but shall not be compelled. In a declared wildfire or storm emergency, appraisal in California is by agreement.
The suit clause in § 2071 is 12 months from inception of the loss. If the loss relates to a state of emergency under Government Code § 8558(b), it is 24 months. In Prudential-LMI v. Superior Court (1990), the California Supreme Court held that the 12 months is equitably tolled from the time the insured gives timely notice of the claim until the insurer formally denies it in writing.
For a loss relating to a state of emergency, Insurance Code § 2051.5(b) gives no less than 36 months from the first actual cash value payment to collect the full replacement cost.
California's Fair Claims Settlement Practices Regulations require an insurer to tender payment within 30 calendar days after it accepts a claim in whole or in part (Cal. Code Regs. tit. 10, § 2695.7(h)). They also require written notice of a limitation period at least 60 days before it expires (§ 2695.7(f)), subject to exceptions such as claimants represented by counsel.
Section 2070 requires fire policies in California to be on the standard form, or to give fire coverage that is substantially equivalent to or more favorable than it. That is why the § 2071 appraisal terms show up in homeowners policies.
Common losses in California
Each one links back to how we look at that kind of loss.
Questions
Does my California homeowners policy have an appraisal clause?
Almost certainly. Insurance Code § 2070 requires fire policies to follow the standard form, or to give fire coverage at least as favorable, and § 2071 is that form with its appraisal clause. Look in the policy conditions under the heading Appraisal.
How long do we have to name an appraiser in California?
Twenty days from the written request (Ins. Code § 2071). Each side picks a competent and disinterested appraiser and tells the other within that time.
Who chooses the umpire in California if the appraisers cannot agree?
If the appraisers have not agreed on an umpire within 15 days, either side can ask a judge of a court of record in the state where the property is located to pick one.
Can the appraisers decide whether my loss is covered in California?
No. The panel values the loss and does not decide coverage or causation. Kacha v. Allstate (2006) set aside an award where the panel put zero on items it believed the fire had not caused. Under Lee (2015), a panel may value an item whose coverage is disputed, so long as the award does not decide coverage.
Does demanding appraisal pause the deadline to sue in California?
The statute does not say it does. The suit clause is 12 months from inception of the loss, or 24 months for a state-of-emergency loss. California courts separately pause the 12 months from timely notice of the claim until the insurer denies it in writing. Note your suit deadline before you demand appraisal.
How long do I have to challenge an appraisal award in California?
A petition to vacate or correct must be served and filed within 100 days after service of the signed award (Code Civ. Proc. § 1288). The clock runs from service of the award, not from the date of loss.
Before you decide anything
Has a claim in California stalled on the number?
Tell us what happened and where. We'll read the policy and tell you plainly whether appraisal fits.
When you write to us
- We read the policy, the estimates on both sides and the letters that came with them.
- We tell you plainly whether appraisal fits the disagreement, and if it doesn't, who can help.
- If it fits, we confirm next steps in writing before anything starts.
Reviewed against the sources listed, October 2026. General information, not legal advice.