Meyer v. State Farm Fire & Caualty Co.
Maryland Court of Special Appeals
85 Md.App. 83, 582 A.2d 275 (1990)
- Written by Joseph Bowman, JD
Facts
Insureds (plaintiffs) purchased a hazard policy from State Farm Fire & Cas. Co. (State Farm) (defendant). The policy contained an appraisal provision, which required the parties to submit disputes concerning the amount of loss to multiple appraisers. The Insureds suffered a covered loss and a dispute arose regarding the amount of the loss. Instead of submitting to the appraisal process, Insured sued State Farm for damages. Insureds alleged that the appraisal clause offended their state constitutional right to a jury trial. Insureds alleged that they did not waive this right because the contract was one of adhesion and they did not have actual knowledge of the provision. The lower court dismissed the case, and the Insureds appealed.
Rule of Law
Issue
Holding and Reasoning ()
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