Insurance appraisal in Mississippi
In Mississippi the appraisal clause is a term of your policy, and the case law is old and clear about what it does. Appraisers fix the money value of the damage. They have no power to decide what caused it. A Mississippi statute also bars contracts from changing the legal time limits for suing.
At a glance
- Name an appraiser
- Set by the policy. The common form gives each side 20 days from the written demand, but some forms add their own window, so read yours.
- Choose an umpire
- Commonly 15 days for the two appraisers to agree. After that, a judge of a court of record picks the umpire on request, as the policy provides.
- If they cannot agree
- A judge of a court of record, on request of either side. Older forms say the county where the appraisal is pending.
- Does appraisal pause the deadline to sue?
- We found no rule that appraisal pauses the deadline to sue. Mississippi law says contracts cannot change the statutory limitation periods (Miss. Code § 15-1-5), and the general period for contract claims is three years (§ 15-1-49). A shorter suit clause in a policy may not hold, but check yours.
- Who may serve
- The clause sets the standard: a competent and impartial appraiser (older forms say disinterested). The Mississippi Insurance Department licenses independent and public adjusters, which is a separate role. More below
Deadlines in Mississippi
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
Appraisal starts with a written demand. Under the common policy form each side names a competent appraiser and tells the other, usually within 20 days. The two appraisers choose an umpire. If they cannot agree within the period in the form, often 15 days, either side can ask a judge of a court of record to pick one. Some older forms also require the demand to be made within 60 days after the insurer receives proof of loss, so check that window first.
The appraisers then set the amount of loss, stating actual cash value and loss to each item. If they disagree, they send their differences to the umpire, and an award signed by any two sets the amount. Each side pays its own appraiser and the two split the umpire and other expenses.
What the panel decides
Amount of loss only; not cause or liability
The Mississippi Supreme Court decided this in Munn v. National Fire Insurance Co. (1959). A storm had damaged a house, and the appraisers refused to value leaning walls because they believed the storm had not caused that damage. The court held that appraisers have no power to decide the cause of damage. Their job is to put a money value on the property damage. Cause, and with it the insurer's liability, is a question for the court.
The practical result: if the insurer and you disagree about whether a storm caused part of the damage, appraisal can value that part, but a court decides whether it is covered. Ask for an award that lists the disputed items separately.
Who may serve
The policy sets the qualifications. The common form asks for a competent and impartial appraiser and umpire, and older forms use the words competent and disinterested. No Mississippi statute we found adds a requirement. Anyone with a financial interest in the result, such as the contractor who will do the work, does not fit those words. The Mississippi Insurance Department licenses independent adjusters and public adjusters. That licensing covers adjusting claims for an insurer or for the insured, which is a different job from serving on an appraisal panel.
The award
Mississippi treats an appraisal as a way to fix value, not as arbitration. In Hartford Fire Insurance Co. v. Jones, 235 Miss. 37, 108 So. 2d 571 (1959), the court held that an appraisers' report is not an arbitration award, and said the insured should have sued on the policy rather than asking a court to confirm an award. The court in Jones also quoted with approval the view that appraisers are generally expected to act on their own knowledge and investigation, without a formal hearing, unless the agreement says otherwise.
The award is presumptively correct, but a court may set it aside. Munn lists the grounds: an award so grossly inadequate or excessive that it amounts to a fraud in effect, appraisers who acted without authority, or a mistake of fact, or to prevent injustice. An award that decides cause of loss is the clearest case of acting without authority.
Points particular to Mississippi
Appraisal is not arbitration in Mississippi. Jones explains that arbitration presupposes a dispute tried in a quasi-judicial way, while appraisal is an agreed method of finding value or amount of damage. The practical effect is that appraisers are expected to act on their own inspection and do not have to hold a hearing or take evidence unless the policy requires it.
Cause belongs to the court. If the appraisers decide that some damage was not caused by the covered storm, Munn says that is outside their power, and a court can decide the cause and send the item back for valuation.
Time limits. Miss. Code § 15-1-5 provides that the limitations prescribed in that chapter cannot be changed by contract, and that a change made by any contract stipulation is absolutely null and void. The general limit for contract claims is three years (§ 15-1-49), as the Mississippi Supreme Court explained in Stephens v. Equitable Life Assurance Society, 850 So. 2d 78 (Miss. 2003). The Mississippi Supreme Court has struck down a one-year suit clause under § 15-1-5 in a fidelity bond (Latham v. U.S. Fidelity & Guaranty Co., 267 So. 2d 895 (Miss. 1972), as described by the Fifth Circuit). We have not found a Mississippi decision applying that rule to a homeowners policy, so treat the earliest date in your own suit clause as the date to plan around until it is checked.
Common losses in Mississippi
Each one links back to how we look at that kind of loss.
Questions
Does my Mississippi homeowners policy have an appraisal clause?
Almost certainly. Mississippi courts treat the clause as a standard part of fire and storm policies, and the forms sold in the state include one. Look in the conditions section under Appraisal. It is a policy term, so the wording in your policy controls.
How long do we have to name an appraiser in Mississippi?
The policy decides. The common form gives each side 20 days from the written demand, and some forms add a window for making the demand at all. Check yours.
Who picks the umpire in Mississippi if the appraisers cannot agree?
If the two appraisers cannot agree within the period in the policy, often 15 days, either side can ask a judge of a court of record to choose the umpire.
Can the appraisers decide whether my loss is covered in Mississippi?
No. The Mississippi Supreme Court held in Munn v. National Fire Insurance (1959) that appraisers have no power to decide what caused the damage. They put a money value on the damage, and cause and liability go to the court.
Does demanding appraisal pause the deadline to sue in Mississippi?
We found no rule that it does. Mississippi bars contracts from changing the statutory limitation periods, and the general contract period is three years, so a shorter suit clause may not hold. Read your suit clause and note the earliest date it could be read to allow.
Do appraisers need a license in Mississippi?
The appraisal clause asks for a competent and impartial appraiser, not a license. Mississippi licenses independent and public adjusters, but that is a separate role.
Before you decide anything
Has a claim in Mississippi 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.