Every policy of insurance against damage by hail issued by any company, however organized, must provide as follows: "In case of loss under this policy, and failure of the parties to agree as to the amount of the loss, it is mutually agreed that, on written demand of either party, the company and the insured each shall select a competent appraiser and notify the other of the appraiser selected within ten days of the demand. The appraisers shall first select a competent and disinterested umpire; and, failing for ten days to agree upon the umpire, then, on request of either appraiser, the umpire shall be selected by a judge of a court of record in the state in which the property covered is located. By mutual agreement the two appraisers may agree to have the umpire selected by a judge of a court of record and waive the ten-day provision.
The appraisers and the umpire shall then appraise the loss. A written award of any two of these persons determines the amount of loss. The written award of a majority of these referees is final and conclusive upon the parties as to amount of loss, and this selection, unless waived by the parties, is a condition precedent to any right of action to recover for a loss. No suit for the recovery of any claim by virtue of this policy may be sustained unless commenced within one year after the loss occurred." The policy must also provide the form, manner, and length of notice to be given to the company by the insured of any loss sustained.
Notes of Decisions
Cited in
11
cases (
8 in the last 5 years), 1974–2025 · leading case:
Quade v. Secura Ins., 814 N.W.2d 703 (Minn. 2012).
Quade v. Secura Ins., 814 N.W.2d 703 (Minn. 2012).
· cites it 2× “Minn. Stat. § 65A.26 (2010). Accordingly, there is a strong public policy in Minnesota favoring appraisals, and that policy is favored in other jurisdictions as well.”
Axis Surplus Ins. Co. v. Condor Corp., 19 F.4th 1062 (8th Cir. 2021).
“” See Minn. Stat. § 65A.26 (requiring “[e]very policy of insurance against damage by hail” to have a similar appraisal provision).”
Dorn v. Home Farmers Mut. Ins. Ass'n, 220 N.W.2d 503 (Minn. 1974).
“…trial court is in all respects affirmed. Affirmed. 1 This clause adopts the requirements imposed by Minn. St. 1971, § 65A.26.”
Harmony East Condo. Ass'n v. Falls Lake Fire & Cas. Co. (D. Minnesota 2024).
· cites it 9× “26 – The Hail Statute Falls Lake, for its part, argues that the Policy’s one-year limitation is required under Minnesota’s “Hail insurance, policies, loss adjustment” statute, Minn. Stat. § 65A.26. (Doc. 11 at 8; Doc.”
Fenske v. Integrity Prop. & Cas. Ins. Co. (D. Minnesota 2023).
· cites it 2× “See Minn. Stat. § 65A.26. The Minnesota Arbitration Act provides that a party to an arbitration proceeding “may file a motion with the court for an order confirming the award, at which time the court shall issue such an order unless the award is modified or corrected pursuant to…”
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