Insurance appraisal in New Hampshire
New Hampshire writes the standard fire policy into statute, and its appraisal paragraph gives each side 20 days to name an appraiser and the appraisers 15 days to agree on an umpire. The deadline to sue is short and the Supreme Court has enforced it strictly, so watch the date on any written denial.
At a glance
- Name an appraiser
- 20 days from the written demand (RSA 407:22).
- Choose an umpire
- 15 days for the two appraisers to agree. After that, either side can ask the court.
- If they cannot agree
- A judge of a court of record in the state where the property is located, on request. The statute says state, not county.
- Does appraisal pause the deadline to sue?
- The statute has no tolling language. RSA 407:15 requires the insurer's written denial to tell you suit is barred unless filed within 12 months of that denial. Many homeowners policies instead say one year from the date of loss. The Supreme Court enforced such a clause and found settlement talk did not extend it (Zannini, 2019).
- Who may serve
- The statute asks for a competent and disinterested appraiser. We found no separate appraiser license in New Hampshire. More below
Deadlines in New Hampshire
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 awardPaymentFire policy form: payable 60 days after proof of loss and a filed award
Under the statutory fire policy, either side can demand appraisal in writing when you and the insurer disagree on actual cash value or the amount of loss. Each side then has 20 days to pick a competent and disinterested appraiser and tell the other. The appraisers pick an umpire, and if they cannot agree within 15 days, a judge of a court of record in New Hampshire chooses on request.
Each side pays its own appraiser. The umpire and other appraisal costs are split equally. Homeowners policies often use their own wording, which may not state the same number of days, so read the Appraisal condition in your policy. Send the demand in a way you can prove, and keep the date, because the suit deadline is separate and short.
What the panel decides
Amount of loss and actual cash value
The statutory paragraph covers disagreement about actual cash value or the amount of loss. Coverage, how the policy reads, and bad faith are for the court. We found no New Hampshire appellate decision defining how far a panel can go on causation, so keep the request focused on price. The statute also says an insurer does not waive any policy provision by taking part in appraisal or an examination under the policy. Joining appraisal does not give up the insurer's coverage defenses, and it does not give up your rights either.
Who may serve
The statute requires a competent and disinterested appraiser. Many homeowners forms use the word impartial instead. New Hampshire has no appraiser license that we found. A contractor who will do the work, or someone paid a share of the claim, invites a challenge on the disinterested standard.
The award
Under the statutory form, a written, itemized award signed by two of the three and filed with the insurer sets the actual cash value and the loss. Whether a policy that does not use the word binding makes the award final is not settled by the courts. In O'Malley-Joyce v. Travelers (N.H. 2022), the insurer argued the award barred the homeowners' contract and bad faith claims. The Supreme Court affirmed on a narrow ground: the homeowners had not raised the point in the trial court, and the question was new to the state, so any error was not plain. It did not decide how binding an appraisal award is. We found no New Hampshire decision listing grounds for setting an award aside.
Points particular to New Hampshire
RSA 407:15 requires an insurer to give written notice of a denial that includes the 12-month limit, and says a suit is barred if not started within 12 months of the written denial. In Kierstead v. State Farm (N.H. 2010), the court read RSA 407:22 as setting the 12-month period and RSA 407:15 as requiring that notice before the insurer can rely on it. It also held the period applied to a declaratory judgment petition and refused equitable tolling.
Zannini v. Phenix Mutual Fire Insurance Co., 172 N.H. 730 (2019), enforced a homeowners policy's one-year suit clause. The court held that clause does not violate public policy, and that letters from the insurer's lawyer asking for documents and saying it would like to resolve the claim did not toll, estop or waive the deadline. The suit there came more than a year after the written denial.
RSA 407:2 requires fire insurance policies on New Hampshire property to use the statutory form, with exceptions such as marine and motor vehicle. The text does not say how it applies to homeowners policies, which commonly carry their own suit clause and appraisal wording.
The statutory form makes the loss payable 60 days after the insurer gets proof of loss and the amount is fixed, either by agreement or by a filed appraisal award. Proof of loss is due within 60 days after the loss unless the insurer extends the time in writing.
Common losses in New Hampshire
Each one links back to how we look at that kind of loss.
Questions
Does my New Hampshire homeowners policy have an appraisal clause?
Almost certainly. RSA 407:22 sets the appraisal paragraph for the statutory fire policy, and homeowners forms carry an Appraisal condition. Look in the policy's conditions for the heading Appraisal, since homeowners wording can differ from the statute.
How long do we have to name an appraiser in New Hampshire?
Under the statutory fire policy, 20 days from the written demand. If your homeowners policy uses its own wording, read it, because the number there controls.
Who chooses the umpire if the appraisers cannot agree?
After 15 days without agreement, either side can ask a judge of a court of record in New Hampshire to choose. The statute says the state where the property is located, not a particular county.
Can the appraisers decide whether my loss is covered?
No. They decide actual cash value and the amount of loss. Coverage, how the policy reads, and bad faith stay with the court.
Does demanding appraisal pause the deadline to sue in New Hampshire?
Nothing in the statute says so. The deadline is 12 months, running from the written denial under RSA 407:15, and many homeowners policies say one year from the date of loss. The Supreme Court has enforced the clause and held that settlement talk did not pause it. Write down the deadline and the date of any denial before you demand appraisal.
Is an appraisal award final in New Hampshire?
The statutory form says the filed award sets actual cash value and the loss. The Supreme Court has not yet decided how final an award is when the policy does not use the word binding, so we would not assume you can reopen the number or that the insurer can.
Before you decide anything
Has a claim in New Hampshire 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.