Appraisal
Source:
Section 742.232 — Appraisal, https://www.oregonlegislature.gov/bills_laws/ors/ors742.html.
See also annotations under ORS 743.648 in permanent edition.
Notes of Decisions
Where defendant-insurers demanded appraisal under this section to determine actual cash value of plaintiff’s building which was destroyed by fire, action by plaintiffs, seeking determination of various policy provisions relevant to fixing amount of loss, was premature and this section, together with [former] ORS 743.660, required plaintiffs to proceed with the appraisal before bringing declaratory judgment action. Director v. So. Carolina Ins. Co., 49 Or App 179, 619 P2d 649 (1980), Sup Ct review denied
This section, in requiring that all fire insurance policies sold in state include provision that disputed amounts of loss be submitted to appraisal does not violate Article I, section 17, of Oregon Constitution by depriving plaintiff of right to jury trial when construed as non-binding as to party who does not demand appraisal. Molodyh v. Truck Insurance Exchange, 304 Or 290, 744 P2d 992 (1987)
Law Review Citations
31 WLR 737 (1995)
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