As of September 1, 2025, a new Texas law (Senate Bill 458) mandates that all personal auto and residential property insurance policies include an independent appraisal clause to resolve disputes solely over the amount of loss, not coverage issues. While the law takes effect on this date, it applies to policies issued or renewed on or after January 1, 2026. The outcome of the appraisal is binding, except in cases of fraud, accident, or material mistake, and the Texas Department of Insurance (TDI) will create rules to govern the process, including setting deadlines and ensuring appraiser independence. Learn more about this new bill here.
What the Law Does
Mandatory Appraisal Provision:
Requires personal auto and residential property insurance policies to contain a clause for independent appraisal.
Dispute Resolution:
The appraisal process is for resolving disagreements on the amount of loss, not the scope of coverage.
Binding Outcome:
The appraisal award is legally binding on both the insurer and the policyholder unless there’s evidence of fraud, accident, or material mistake.
TDI Oversight:
The Texas Department of Insurance must adopt rules for the appraisal process, including setting deadlines and ensuring the independence and proper selection of appraisers and umpires.
September 1, 2025: The law takes effect.
January 1, 2026: The mandatory appraisal provision must be included in policies issued, delivered, or renewed on or after this date.