Insurance appraisal in Kansas
Kansas has no statute that requires an appraisal clause or sets its deadlines, so the policy language controls. The state also has an unusual history. In 1997 the Kansas Supreme Court treated a fire policy's appraisal clause as prohibited arbitration, the statute behind that ruling was repealed in 2018, and we have not found a Kansas appellate decision since that settles how appraisal clauses are enforced now.
At a glance
- Name an appraiser
- Set by your policy. No Kansas statute sets the number of days, so read the Appraisal condition for the deadline that applies to you.
- Choose an umpire
- Set by your policy. Typical clauses send the choice to a judge if the appraisers cannot agree, but the wording and any day count vary by form.
- If they cannot agree
- A judge, on request, under most policy forms. In a 2024 federal case in Wichita the court chose between two candidates by weighing experience with the type of loss, lack of bias, and proximity and availability.
- Does appraisal pause the deadline to sue?
- No Kansas statute says appraisal pauses the deadline to sue, and we found no Kansas decision either way. Kansas law lets a policy shorten the time to sue from the five-year default for written contracts, so find your suit clause before you demand appraisal.
- Who may serve
- We found no Kansas license or registration for insurance appraisers or umpires. The policy usually requires a competent and impartial appraiser, and in 2024 a federal court in Kansas disqualified a policyholder's appraiser for lack of impartiality. More below
Deadlines in Kansas
The clock
- Day 0Written demandEither party, in writing
- By agreementAppraisers namedNo fixed day count
- By agreementUmpire chosenBy agreement, or a court appoints
- On siteInspectionBoth estimates, line by line
- The awardAward signedAny two of three
- After the awardPaymentPer policy and state rules
Appraisal starts with a written demand under your policy's Appraisal condition. That clause sets the time to name an appraiser and to agree on an umpire. Some forms give a set number of days, and some, such as the commercial form in the 2024 federal case below, say nothing about days at all.
If the appraisers cannot agree on an umpire, either side can ask a court to appoint one. Because Kansas has no appraisal statute, there is no state list of umpires and no state deadline for the work. In the 2024 Wichita case, the court set status-report deadlines, and the parties told the court their appraisers could send figures to the umpire within 30 days of appointment, with a decision from the umpire in about 30 days after that.
What the panel decides
Amount of loss, as the policy words it
Standard clauses ask the panel to set the amount of loss, and the umpire resolves only the items the appraisers disagree on. We did not find a Kansas appellate decision on whether appraisers may decide the cause of damage, so that question depends on the policy and on how the court reads it. Coverage, meaning whether the policy applies at all, is for a court.
Who may serve
We found no Kansas license for appraisers or umpires and no statute that sets their qualifications. The policy sets the standard, most often competent and impartial. In L & M Auto Repair, LLC v. Federated Mutual Insurance Co., No. 6:23-cv-01203 (D. Kan.), the court granted the insurer's motion to disqualify the policyholder's appraiser for lack of impartiality. The motion was not opposed, so treat it as an example and not as a rule. In the same case a magistrate judge picked the umpire in May 2024, noting the policy gave no criteria and finding no controlling authority.
The award
Under the usual clause, an award signed by any two of the three sets the amount of loss. What a Kansas court will do with an award is less certain than in most states. In Friday v. Trinity Universal of Kansas, 262 Kan. 347 (1997), the Kansas Supreme Court held a fire policy's appraisal clause was a form of arbitration barred in insurance contracts by former K.S.A. 5-401. The legislature repealed that statute effective July 1, 2018 and adopted a new arbitration act, K.S.A. 5-423 through 5-453, which makes written arbitration agreements enforceable and lists grounds for vacating an award, including fraud and an arbitrator exceeding their powers. We have not found a Kansas appellate decision since 2018 that settles whether appraisal clauses are enforced under it.
Points particular to Kansas
Bills to bring back a bar on insurance arbitration and appraisal clauses did not pass. House Bill 2593 (2024) was heard in House Judiciary and died. House Bill 2351 (2025-26) had a hearing in January 2026 and also died. Both would have amended K.S.A. 5-428. The Revisor's bill brief on the 2024 bill describes current law as making an agreement to arbitrate valid and enforceable.
Kansas has no statutory standard fire policy. Its valued-policy law, K.S.A. 40-905, applies when a building insured against fire, tornado, windstorm or lightning is wholly destroyed without criminal fault of the insured. In that case the amount of insurance is taken as the true value and the amount of loss. It does not apply during the first 60 days of a new fire policy or of an increase of 25 percent or more in fire coverage, and it does not apply to builders risk policies. A partial loss is still a question of amount.
The courts that handle appraisal disputes in Kansas are the state district courts and, if a case is removed, the federal court. The 2024 Wichita case began as a petition in Sedgwick County District Court to appoint an umpire and was removed to federal court.
Common losses in Kansas
Each one links back to how we look at that kind of loss.
Questions
Does my Kansas property policy have an appraisal clause?
Kansas does not require one by statute, so it depends on your policy. Look in the conditions section under Appraisal. If it is there, it sets how the process starts, who names appraisers and how an umpire is chosen.
How long do we have to name an appraiser in Kansas?
Whatever your policy says. No Kansas statute sets a number of days. Some forms use a set period after the written demand, and some give no number.
Who picks the umpire in Kansas if the appraisers cannot agree?
Usually a judge, if your policy says so. In a 2024 federal case in Kansas, the court picked the umpire by weighing experience with the type of loss, lack of bias, and proximity and time to do the work.
Can the appraisers decide whether my loss is covered in Kansas?
No. Coverage is for a court. Appraisers set the amount of loss. We found no Kansas appellate decision on whether they can decide the cause of damage, so that depends on your policy and the court.
Does demanding appraisal pause the deadline to sue in Kansas?
No Kansas statute says it does, and we found no Kansas decision either way. Kansas law allows a policy to shorten the time to sue, so find your suit clause first and keep that date in view while appraisal runs.
Do appraisers need a license in Kansas?
We found no Kansas license for insurance appraisers or umpires. The policy usually requires a competent and impartial appraiser, and a federal court in Kansas has disqualified an appraiser who was not impartial.
Before you decide anything
Has a claim in Kansas 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.