7 Wisconsin opinions name it 2 courts 1991–2024 1 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lynch v. American Family Mutual Insurancegreen2 sentences2019“Rather, Lynch held that the insurer in that case could not invoke the appraisal clause when it ‘had ample opportunity’ to do so before suit was filed.” Id. (citing Lynch, 163 Wis. 2d at 1013 )). 3 No. 2018AP1484 BACKGROUND ¶5 This case concerns the Businessowners Policy issued by American Family to Park Meadows. 2019“Rather, Lynch held that the insurer in that case could not invoke the appraisal clause when it ‘had ample opportunity’ to do so before suit was filed.” Id. (citing Lynch, 163 Wis. 2d at 1013 )). 3 No. 2018AP1484 BACKGROUND ¶5 This case concerns the Businessowners Policy issued by American Family to Park Meadows. | 1 | 3 |
Farmers Automobile Insurance v. Union Pacific Railway Co.green2 sentences2024Co., 2009 WI 73 , ¶34, 319 Wis. 2d 52 , 768 N.W.2d 596 (“If and when one party invokes [the arbitration] clause, the other side must abide by it.”); State Farm Lloyds, 290 S.W.3d at 889 (Tex. 2009) (an appraisal clause when invoked “binds the parties to have the extent or amount of the loss determined in a particular way”). ¶22 An appraisal clause may be invoked when the insured and the insurer provide differing estimates of the damage incurred before any repair work is done. 2019“Rather, Lynch held that the insurer in that case could not invoke the appraisal clause when it ‘had ample opportunity’ to do so before suit was filed.” Id. (citing Lynch, 163 Wis. 2d at 1013 ). | 1 | 2 |
Pottenburgh v. Dryden Mutual Insurance Co.green2 sentences2024Co., 55 Misc.3d 775, 776 , 48 N.Y.S.3d 885 (2017) (insured’s petition to compel appraisal stated necessary elements of right to enforce appraisal clause, namely: (1) an insurance policy that contains an appraisal clause; (2) damage to the property covered by the policy; (3) a dispute between parties regarding the value of damages; (4) the insured’s demand for appraisal; and (5) the insurer’s refusal to participate in the appraisal process); 12 No. 2023AP2109 Pagoudis v. Keidl, 2023 WI 27, ¶12 , 406 Wis. 2d 542 , 988 N.W.2d 606 (“The elements of any breach of contract claim are (1) the existenc 2024Co., 55 Misc.3d 775, 776 , 48 N.Y.S.3d 885 (2017) (insured’s petition to compel appraisal stated necessary elements of right to enforce appraisal clause, namely: (1) an insurance policy that contains an appraisal clause; (2) damage to the property covered by the policy; (3) a dispute between parties regarding the value of damages; (4) the insured’s demand for appraisal; and (5) the insurer’s refusal to participate in the appraisal process); 12 No. 2023AP2109 Pagoudis v. Keidl, 2023 WI 27, ¶12 , 406 Wis. 2d 542 , 988 N.W.2d 606 (“The elements of any breach of contract claim are (1) the existenc | 1 | 1 |
State Farm Lloyds v. Johnsongreen2 sentences2024Co., 2009 WI 73 , ¶34, 319 Wis. 2d 52 , 768 N.W.2d 596 (“If and when one party invokes [the arbitration] clause, the other side must abide by it.”); State Farm Lloyds, 290 S.W.3d at 889 (Tex. 2009) (an appraisal clause when invoked “binds the parties to have the extent or amount of the loss determined in a particular way”). ¶22 An appraisal clause may be invoked when the insured and the insurer provide differing estimates of the damage incurred before any repair work is done. 2024See, e.g., Farmers Auto Ins., 319 Wis. 2d 52, ¶¶11-14 ; State Farm Lloyds, 290 S.W.3d at 887 (Tex. 2009). | 1 | 1 |
Chapman v. Rockford Insurancegreen1 sentence2024See 11 No. 2023AP2109 Chapman, 89 Wis. at 584 (party opposing invocation of appraisal clause must show waiver, bad faith, or illegality); Lynch v. American Fam. | 1 | 1 |
Jefferson Insurance of New York v. Superior Courtgreen1 sentence2016Co. of New York v. Superior Court of Alameda Cty., 475 P.2d 880, 883 (Cal. 1970) (interpreting "actual cash value or the amount of loss" to mean that appraisers could determine amount of damage relating to items submitted for their consideration, but not decide questions of coverage or policy interpretation); Johnson v. State Farm Lloyds, 204 S.W.3d 897, 903 (Tex. App. 2006) (stating that "if the parties agree there is coverage but disagree on the extent of the damage, the dispute concerns the 'amount of loss' and that issue is determined in accordance with the appraisal clause"); Kendall Lake | 1 | 1 |
Johnson v. State Farm Lloydsgreen1 sentence2016Co. of New York v. Superior Court of Alameda Cty., 475 P.2d 880, 883 (Cal. 1970) (interpreting "actual cash value or the amount of loss" to mean that appraisers could determine amount of damage relating to items submitted for their consideration, but not decide questions of coverage or policy interpretation); Johnson v. State Farm Lloyds, 204 S.W.3d 897, 903 (Tex. App. 2006) (stating that "if the parties agree there is coverage but disagree on the extent of the damage, the dispute concerns the 'amount of loss' and that issue is determined in accordance with the appraisal clause"); Kendall Lake | 1 | 1 |
Kendall Lakes Townhomes v. Agr. Excessgreen1 sentence2016Co., 916 So.2d 12, 16 (Fla. App. 2005) (permitting "appraisal panel to decide causation issues when causation is not a coverage question, but rather an amount-of-loss question"); Merrimack Mut. | 1 | 1 |
DeGroot v. Farmers Mutual Hail Insurance Co. of Iowagreen2 sentences2009Co. of Iowa, 267 Ill.App.3d 723 , 205 Ill.Dec. 584 , 643 N.E.2d 875, 876 (1994) (determining that an appraisal clause similar to clause before us today did "not operate as a final and binding resolution of the party's dispute" and did "not foreclose either party from maintaining an action in a court of law"). ¶ 61 Appraisal clauses, like arbitration clauses, may be binding or nonbinding. 2009Co. of Iowa, 267 Ill.App.3d 723 , 205 Ill.Dec. 584 , 643 N.E.2d 875, 876 (1994) (determining that an appraisal clause similar to clause before us today did "not operate as a final and binding resolution of the party's dispute" and did "not foreclose either party from maintaining an action in a court of law"). ¶ 61 Appraisal clauses, like arbitration clauses, may be binding or nonbinding. | 1 | 1 |
Fahy v. Fahygreen1 sentence2008See Fahy v. Fahy, 630 A.2d 1328, 1332-1333 (Conn. 1993) (recognizing that statutes may illumine analogous common-law principles). ¶ 16. | 1 | 1 |
Government Employees Insurance v. Hardingreen1 sentence1991Co. v. Hardin, 132 S.E.2d 513, 515 (Ga. Ct. App.) (insurance company's letter calling insured's attention to appraisal clause was not demand for an appraisal), aff'd, 133 S.E.2d 873 (Ga. 1963). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Merrimack Mutual Fire Insurance Co. v. Batts
green
2 sentences2009It stated that "[t]he respective rights of an insured and an insurance company are governed by their contract of insurance." Id. at 148 . 2009Id. at 150 . ¶ 70 Consistent with Merrimack Mutual, Donaubauer was not required under the express language of the policy to be bound by the amount set by the appraisers. | 2 | 2009–2009 |
Canfield v. Watertown Fire Insurance
green
1 sentence2024Co., 55 Wis. 419, 420 , 12 N.W.2d 252 (1882) (involving a lawsuit filed by the insured to set aside an appraisal that was made pursuant to the insurance policy’s appraisal clause). | 1 | 2024–2024 |
Louis Pagoudis v. Marcus Keidl
green
2 sentences2024Co., 55 Misc.3d 775, 776 , 48 N.Y.S.3d 885 (2017) (insured’s petition to compel appraisal stated necessary elements of right to enforce appraisal clause, namely: (1) an insurance policy that contains an appraisal clause; (2) damage to the property covered by the policy; (3) a dispute between parties regarding the value of damages; (4) the insured’s demand for appraisal; and (5) the insurer’s refusal to participate in the appraisal process); 12 No. 2023AP2109 Pagoudis v. Keidl, 2023 WI 27, ¶12 , 406 Wis. 2d 542 , 988 N.W.2d 606 (“The elements of any breach of contract claim are (1) the existenc 2024Co., 55 Misc.3d 775, 776 , 48 N.Y.S.3d 885 (2017) (insured’s petition to compel appraisal stated necessary elements of right to enforce appraisal clause, namely: (1) an insurance policy that contains an appraisal clause; (2) damage to the property covered by the policy; (3) a dispute between parties regarding the value of damages; (4) the insured’s demand for appraisal; and (5) the insurer’s refusal to participate in the appraisal process); 12 No. 2023AP2109 Pagoudis v. Keidl, 2023 WI 27, ¶12 , 406 Wis. 2d 542 , 988 N.W.2d 606 (“The elements of any breach of contract claim are (1) the existenc | 1 | 2024–2024 |
FARMERS AUTO. INS. ASS'N v. Union Pac. Ry.
green
2 sentences2024Co., 2009 WI 73 , ¶34, 319 Wis. 2d 52 , 768 N.W.2d 596 (“If and when one party invokes [the arbitration] clause, the other side must abide by it.”); State Farm Lloyds, 290 S.W.3d at 889 (Tex. 2009) (an appraisal clause when invoked “binds the parties to have the extent or amount of the loss determined in a particular way”). ¶22 An appraisal clause may be invoked when the insured and the insurer provide differing estimates of the damage incurred before any repair work is done. 2024Co., 2009 WI 73 , ¶34, 319 Wis. 2d 52 , 768 N.W.2d 596 (“If and when one party invokes [the arbitration] clause, the other side must abide by it.”); State Farm Lloyds, 290 S.W.3d at 889 (Tex. 2009) (an appraisal clause when invoked “binds the parties to have the extent or amount of the loss determined in a particular way”). ¶22 An appraisal clause may be invoked when the insured and the insurer provide differing estimates of the damage incurred before any repair work is done. | 1 | 2024–2024 |
Folkman v. Quamme
green
2 sentences2019A. Standard of review. ¶23 “Insurance contract interpretation presents a question of law that is reviewed de novo.” Folkman v. Quamme, 2003 WI 116, ¶12 , 264 Wis. 2d 617 , 665 N.W.2d 857 . 2019A. Standard of review. ¶23 “Insurance contract interpretation presents a question of law that is reviewed de novo.” Folkman v. Quamme, 2003 WI 116, ¶12 , 264 Wis. 2d 617 , 665 N.W.2d 857 . | 1 | 2019–2019 |
Quade v. Secura Insurance
green
1 sentence2016Instead of pursuing an appraisal in accordance with their insurance policy, the Quades filed suit against Secura, claiming "that the appraisal clause did not apply to their claim for damage to the roofs because the parties disputed whether the damage to the roofs is covered by the policy — not the cost of repairing the roofs." Id. at 705 . | 1 | 2016–2016 |
Loy v. Bunderson
green
2 sentences2009While reasonable persons may disagree with a court's action, "all that this court need find to sustain a discretionary act is that the trial court examined the relevant facts, applied a proper standard of law, and, using a demonstrated rational process, reached a conclusion that a reasonable judge could reach." Loy v. Bunderson, 107 Wis.2d 400, 414-15 , 320 N.W.2d 175 (1982). ¶ 33 Donaubauer concedes that he agreed to participate in the appraisal process specified in the appraisal clause of the Policy. [13] Donaubauer argues that he should not have been compelled to participate in binding appr 2009While reasonable persons may disagree with a court's action, "all that this court need find to sustain a discretionary act is that the trial court examined the relevant facts, applied a proper standard of law, and, using a demonstrated rational process, reached a conclusion that a reasonable judge could reach." Loy v. Bunderson, 107 Wis.2d 400, 414-15 , 320 N.W.2d 175 (1982). ¶ 33 Donaubauer concedes that he agreed to participate in the appraisal process specified in the appraisal clause of the Policy. [13] Donaubauer argues that he should not have been compelled to participate in binding appr | 1 | 2009–2009 |
Gaugert v. Duve
green
2 sentences2009Gaugert v. Duve, 2001 WI 83, ¶ 44 , 244 Wis.2d 691 , 628 N.W.2d 861 . 2009Gaugert v. Duve, 2001 WI 83, ¶ 44 , 244 Wis.2d 691 , 628 N.W.2d 861 . | 1 | 2009–2009 |
Government Employees Insurance v. Hardin
neutral
1 sentence1991Co. v. Hardin, 132 S.E.2d 513, 515 (Ga. Ct. App.) (insurance company's letter calling insured's attention to appraisal clause was not demand for an appraisal), aff'd, 133 S.E.2d 873 (Ga. 1963). | 1 | 1991–1991 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.