Insurance appraisal in West Virginia
West Virginia requires fire policies to follow the 1943 New York standard fire policy, so the appraisal clause comes from that form: 20 days to name an appraiser, 15 days for the appraisers to agree on an umpire, then a judge. The suit deadline deserves attention. For fire losses the standard form allows only 12 months, and West Virginia courts have enforced it.
At a glance
- Name an appraiser
- 20 days after the written demand under the standard form that W. Va. Code § 33-17-2 adopts.
- Choose an umpire
- 15 days for the appraisers to agree on a competent and disinterested umpire.
- If they cannot agree
- A judge of a court of record in the state where the property is located, on request of either side.
- Does appraisal pause the deadline to sue?
- We found no West Virginia rule that pauses the deadline for appraisal. For fire losses the standard form gives 12 months, which the Supreme Court of Appeals has said runs from the insurer's written denial. Other policy provisions must give at least two years (§ 33-6-14).
- Who may serve
- No license is named for the role. The standard form calls for competent and disinterested appraisers and umpire. Someone paid to negotiate the insured's claim falls under the separate public adjuster license (§ 33-12B-1). More below
Deadlines in West Virginia
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 awardPaymentStandard form: 60 days after proof of loss and a filed award
Either side starts appraisal with a written demand when you and the carrier cannot agree on actual cash value or the amount of loss. Each side names a competent and disinterested appraiser and tells the other within 20 days of the demand. The appraisers then have 15 days to agree on an umpire. If they do not, either side can ask a judge of a court of record in the state to choose one.
W. Va. Code § 33-17-2 adopts the 1943 New York standard fire policy by reference rather than printing it. The commissioner keeps a certified copy on file. A combined fire and casualty policy may depart from the form only if the fire portion is at least as favorable to the insured and the commissioner has approved it.
What the panel decides
Actual cash value and amount of loss
The standard form sends two questions to appraisal: actual cash value and the amount of loss. The appraisers state each separately, item by item, and only their differences go to the umpire. Coverage and the meaning of the policy stay with the courts.
In a short 2013 memorandum decision, Moore v. Allstate Insurance Co. (No. 12-0288), the Supreme Court of Appeals found that a disagreement over whether a fire-damaged house could be repaired within the policy limit was a failure to agree on the amount of loss, so the appraisal clause applied. We found no West Virginia decision on whether a pure cause dispute belongs in appraisal, so raise it early.
Who may serve
West Virginia does not name a license for appraisers or umpires. The standard form requires each to be competent and disinterested. The licensing statute separately defines a public adjuster as someone who, for compensation, acts for an insured in negotiating or settling a first-party property claim (§ 33-12B-1). That is a different role from an appraiser, and it is a reason to be careful about whom you name as your appraiser.
The award
Under the standard form, a written, itemized award signed by any two of the three and filed with the carrier sets the actual cash value and the loss. We did not find a West Virginia statute or decision that lists the grounds for setting an award aside. Courts in other states review awards narrowly, for example for fraud, bad faith, or a panel that did not do the task the clause gave it.
Points particular to West Virginia
The deadline to sue is the main West Virginia trap. The 1943 form allows 12 months. In Meadows v. Employers' Fire Insurance Co., 171 W. Va. 337 (1982), the Supreme Court of Appeals held that for the standard fire policy the 12 months starts when the insurer notifies the insured in writing that it declines to pay. In Sizemore v. State Farm General Insurance Co. (1998), the court held the fire portion of an approved multiple line policy gets the same treatment. Section 33-6-14 bars other policy terms that give less than two years from the time the cause of action accrues, but it exempts the standard fire policy.
In Moore v. Allstate, the policyholder refused to take part in appraisal after the carrier's written demand. The trial court told the jury it could find that a party who did not engage in appraisal under the policy breached the contract, and the Supreme Court of Appeals found no reversible error. Refusing a demand can carry a cost.
West Virginia has a rule that may matter after a dispute: whenever a policyholder substantially prevails in a property damage suit against the insurer, the insurer is liable for reasonable attorney fees and for net economic loss and damages for aggravation and inconvenience caused by the delay (Hayseeds, Inc. v. State Farm Fire & Casualty, 177 W. Va. 323 (1986), quoted in Sizemore).
Common losses in West Virginia
Each one links back to how we look at that kind of loss.
Questions
Does my West Virginia homeowners policy have an appraisal clause?
Almost certainly. West Virginia requires fire policies to follow the 1943 standard form, and a combined policy must be at least as favorable to the insured in its fire portion. Look in the conditions section under the heading Appraisal.
How long do we have to name an appraiser in West Virginia?
20 days after the written demand under the standard form. Check your policy for the exact wording.
Who chooses the umpire in West Virginia if the appraisers cannot agree?
After 15 days without agreement, either side can ask a judge of a court of record in the state where the property is located to select the umpire.
Can the appraisers decide whether my loss is covered in West Virginia?
No. The panel sets actual cash value and the amount of loss. Coverage and the meaning of policy language are for a court.
Does demanding appraisal pause the deadline to sue in West Virginia?
We found no rule that says so. For fire losses the standard form allows 12 months, and the Supreme Court of Appeals has said it runs from the carrier's written denial. Find the date in your policy and your denial letter before you demand appraisal.
What happens if I refuse an appraisal demand in West Virginia?
In one 2013 case, a policyholder who refused to take part after the carrier's written demand faced a jury instruction that refusing to engage in appraisal could be found a breach of the contract. The Supreme Court of Appeals found no reversible error in that instruction.
Before you decide anything
Has a claim in West Virginia 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.