MEYER V. STATE FARM FIRE & CAS. CO.
582 A.2d 275 (Md. App. 1990)
NATURE OF THE CASE: Meyer (P) appealed the dismissal of his suit for damages against
State Farm (D) for failure to state a claim upon which relief could be granted.
FACTS: P purchased a policy of fire insurance containing an appraisal process clause from
D. A fire occurred and P and D were unable to agree on the amount of loss. D sought to
invoke the appraisal process. P filed suit for damages contending that the appraisal
provisions were invalid in that it violated under Maryland law the right to a jury trial in
civil matters where the controversy exceeds $500. P claimed that a waiver of that right must
be voluntary and knowing; because the policy was a contract of adhesion and because they
were actually unaware that it contained the appraisal provision, there was no effective
waiver of their Constitutional right. D moved to dismiss and the court granted the motion. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment