Wisconsin Statutes

Wis. Stat. § 631.85 (2026)

Appraisal or arbitration

✓ current as of July 2026

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631.85631.85 Appraisal or arbitration. An insurance policy may contain provisions for independent appraisal and compulsory arbitration, subject to the provisions of s. 631.20. If an approved policy provides for application to a court of record for the appointment of a disinterested appraiser, arbitrator, or umpire, any court of record of this state except the court of appeals or the supreme court may be requested to make an appointment. Upon appropriate request, the court shall make the appointment promptly. This section does not apply to a surplus lines insurance form issued under s. 618.41 before, on, or after April 20, 2012.

631.85 HistoryHistory: 1975 c. 375; 1977 c. 187; 2011 a. 224.

631.85 AnnotationAlthough s. 631.20 generally refers to forms, its procedure for approval of forms is applicable to arbitration clauses under this section. An arbitration clause not approved under this section is per se invalid. Appleton Papers, Inc. v. Home Indemnity Co., 2000 WI App 104, 235 Wis. 2d 39, 612 N.W.2d 760, 99-1567.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1991–2022 · leading case: Appleton Papers, Inc. v. Home Indem. Co., 2000 WI App 104 (Wis. Ct. App. 2000).

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Appleton Papers, Inc. v. Home Indem. Co., 2000 WI App 104 (Wis. Ct. App. 2000). · cites it 16× “Because of the potential application of McCarran-Ferguson to this case, the federal court will necessarily have to determine the application of Wisconsin laws regulating the business of insurance to the arbitration clause. We therefore have considered and reject Home's various…”

Farmers Auto. Ins. Ass'n v. Union Pac. Ry. Co., 2008 WI App 116 (Wis. Ct. App. 2008). · cites it 5× “Wis. Stat. § 631.85 ("An insurance policy may contain provision for independent appraisal and compulsory arbitration, subject to the provisions of s.”

Brunson v. Ward, 2001 WI 89 (Wis. 2001). · cites it 4× “Appleton Papers involved liability policies that contained mandatory arbitration clauses that had not been approved by the insurance commissioner, despite a requirement in Wis. Stat. § 631.85 that any such clauses must receive insurance commissioner approval.”

Thom v. OneBeacon Ins., 2007 WI App 123 (Wis. Ct. App. 2007). · cites it 4× “83 is followed by Wis. Stat. § 631.85 , which regulates arbitration and appraisals.”

Lynch v. Am. Fam. Mut. Ins., 473 N.W.2d 515 (Wis. Ct. App. 1991). · cites it 2× “) The appraisal clause is specifically permitted by section 631.85, Stats., which provides that "[a]n insurance policy may contain provision for independent appraisal and compulsory arbitration.”

Joseph Brellenthin v. Am. Fam. Mut. Ins. Co. (Wis. Ct. App. 2022). · cites it 3× “§ 631.85 cuts against it. See § 631.85 (“An insurance policy may contain provisions for independent appraisal ….”

Edward E. Gillen Co. v. Ins. Co. of Pennsylvania, 747 F. Supp. 2d 1058 (E.D. Wis. 2010). · cites it 5× “” Section 631.85, Wis. Stats., provides that an insurance policy “may contain provision for independent appraisal and compulsory arbitration, subject to the provisions of s.”

— Wis. Stat. § 631.85(5) — 1 case

Joseph Brellenthin v. Am. Fam. Mut. Ins. Co. (Wis. Ct. App. 2022). “§ 631.85 cuts against it. See § 631.85 (“An insurance policy may contain provisions for independent appraisal ….”

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