Cozen O'Connor's Property Insurance Law Observer

Texas Department of Insurance Issues New Rules Governing Residential and Automobile Appraisal

The Texas Department of Insurance issued long-awaited new rules governing residential and automobile appraisal pursuant to the Commissioner’s Order Number 2026-10210.  The Order created several new sections of the Texas Administrative Code, §§5.9800 to 5.9806.

The history of the rulemaking as well as the new rules are available in this link: https://www.tdi.texas.gov/rules/2026/documents/202610210.pdf

Several important features of the new rules stand out:

The new rules reflect some progress in improving appraisal, but notably absent are strong ethics rules for appraisers and umpires, limits on umpires’ fees, and more protections for procedural due process.  These are concerns that deserve further attention.  Appraisal in commercial claims also deserves attention.  In addition, some deadlines in the new rules are keyed to presuit notice under Texas Insurance Code §542A.003 concerning claims of property damage by forces of nature.  The plain language of the new rules indicates that the deadlines do not apply where presuit notice is provided under Texas Insurance Code §541 or the DTPA.  

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