Insurance appraisal in Maryland
In Maryland the appraisal clause is a term of your policy. The state does not write it in, but it protects it: a Maryland statute voids most consumer insurance arbitration clauses and carves out appraisal of property value. Maryland's top court has held that an insured can ordinarily force an insurer into appraisal.
At a glance
- Name an appraiser
- 20 days from the written demand under the common policy form. The policy sets the number, not a Maryland statute.
- Choose an umpire
- 15 days for the two appraisers to agree on an umpire, as the common form provides.
- If they cannot agree
- A judge of a court of record in Maryland, on request of either side, as the policy form provides.
- Does appraisal pause the deadline to sue?
- No. We found nothing in Maryland law that pauses the deadline to sue while appraisal runs. The default limit is three years from when the claim accrues, and an insurance policy cannot set a shorter one.
- Who may serve
- The appraisal clause sets the standard, not a license. The usual forms call for a competent and impartial appraiser (older forms say disinterested). More below
Deadlines in Maryland
The clock
- Day 0Written demandEither party, in writing
- By day 20Appraisers named20 days for each side
- By day 35Umpire chosen15 days, or a court appoints
- On siteInspectionBoth estimates, line by line
- The awardAward signedAny two of three
- After the awardPaymentPer policy and state rules
Either side starts appraisal with a written demand. Under the common policy form, each side then has 20 days to name a competent and impartial appraiser and tell the other. The two appraisers pick an umpire. If they have not agreed after 15 days, either side can ask a judge of a court of record to choose one.
The appraisers then set the amount of loss item by item, stating actual cash value and loss separately. If they agree, that is the number. If not, only their differences go to the umpire, and a written award signed by any two of the three sets the amount. Under the common form each side pays its own appraiser and the two split the umpire and other costs. Policies vary, so the wording in yours controls. Send the demand by certified mail and keep proof of delivery.
What the panel decides
Amount of loss; coverage stays with the court
Maryland appraisers set the amount of loss. Whether the policy covers a given item, and how the policy language reads, are questions for a court.
Two 2024 federal decisions in Maryland show where the line falls. In Thompson v. Allstate, the court ordered appraisal because the insurer accepted a covered wind loss and the two sides disagreed on its value. It required the appraisers to itemize their reports so the insurer could still contest coverage of particular items afterward. In New Hope Church of God Waldorf v. Brotherhood Mutual, the court declined appraisal because the real fight was whether the loss was covered at all.
We did not find a Maryland appellate decision that settles whether appraisers may decide the cause of damage. Until one exists, we ask for an itemized award so a covered item and a disputed item are never blended into one figure.
Who may serve
The policy sets the qualifications. The common forms ask each side for a competent and impartial appraiser, and the two appraisers choose a competent and impartial umpire. Older forms say disinterested. Anyone with a financial stake in how the claim comes out is open to challenge. Maryland courts apply arbitration principles to appraisal, and evident partiality is a recognized reason to attack an arbitration award. Maryland's adjuster licensing is separate: the Maryland Insurance Administration licenses public adjusters, who work for the policyholder on the claim, and that is a different job from serving on an appraisal panel.
The award
Once the award is signed and filed, it fixes the amount of loss. Maryland courts do not re-weigh it. In Schreiber v. Pacific Coast Fire Ins. Co., 195 Md. 639 (1950), the Court of Appeals held that an award under a standard fire policy appraisal clause is binding absent fraud or mistake, and that courts do not review the appraisers' findings of fact or law. The Court of Special Appeals applied that rule in Brethren Mutual v. Filsinger, 54 Md. App. 357 (1983). Because Maryland treats appraisal as analogous to arbitration, the grounds in the state arbitration act (Cts. & Jud. Proc. § 3-224) are the natural reference point: corruption or fraud, evident partiality, misconduct, an appraiser exceeding his powers, or a refusal to hear material evidence. Under that act a petition to vacate is due within 30 days after the award is delivered, or 30 days after fraud is or should have been discovered. We have not found a case deciding whether that window applies to a policy appraisal, so do not assume you have longer.
Points particular to Maryland
Either side can compel appraisal. In Aetna Casualty & Surety Co. v. Insurance Commissioner, 293 Md. 409 (1982), Maryland's highest court held that an insured can ordinarily force an insurer to appraise, and repeated that Maryland treats appraisal as analogous to arbitration. The court also recalled the older rule that if the insurer or its appraiser is at fault for the lack of an award, the insured may sue on the policy without one.
The statute: Cts. & Jud. Proc. § 3-206.1 declares void any provision in a consumer's insurance contract that requires arbitration, but says the rule does not reach a provision that sets up an appraisal process to determine the value of property. A consumer is an individual buying mainly for personal, family or household purposes, so the arbitration ban is aimed at homeowners, not businesses.
Filing suit first does not by itself lose you appraisal. In Thompson, the court held that the party opposing appraisal carries a heavy burden and must show actual prejudice, and that pleadings and delay alone are not enough. That is no reason to wait. Appraisal that is demanded early is rarely argued about.
The deadline to sue. Insurance Article § 12-104 makes void any insurance policy term that sets a shorter time to sue than Maryland law requires, and the general rule in Cts. & Jud. Proc. § 5-101 is three years from the date the action accrues. Appraisal does not pause that clock. Read the suit clause in your policy anyway and note the earliest date it could be read to allow.
Common losses in Maryland
Each one links back to how we look at that kind of loss.
Questions
Does my Maryland homeowners policy have an appraisal clause?
Almost certainly. Maryland does not write the clause into your policy by statute, but the standard homeowners and commercial property forms include one. Look in the conditions section under Appraisal. Maryland law protects it: a consumer arbitration ban in the Courts and Judicial Proceedings Article expressly leaves appraisal of property value alone.
How long do we have to name an appraiser in Maryland?
Under the common policy form, 20 days from the written demand. It is a policy term, so check your own wording.
Who picks the umpire in Maryland if the appraisers cannot agree?
If the two appraisers have not agreed on an umpire after 15 days, either side can ask a judge of a court of record to select one, as the common form provides.
Can the appraisers decide whether my loss is covered in Maryland?
No. They set the amount of loss. Coverage and the meaning of the policy go to a court. Federal courts in Maryland have ordered appraisal with an itemized award so the insurer can still contest coverage of specific items, and have declined it where coverage itself was the dispute.
Does asking for appraisal pause the deadline to sue in Maryland?
We found nothing in Maryland law that says so. The default limit is three years from when the claim accrues, and a policy cannot shorten it. Read your suit clause and note the earliest date it could be read to allow.
Do appraisers need a license in Maryland?
The appraisal clause asks for a competent and impartial appraiser, not a license. Maryland does license public adjusters, but that is a separate role.
Before you decide anything
Has a claim in Maryland 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.