Meyer v. State Farm Fire & Cas. Co.

582 A.2d 275 (Md. App. 1990)

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Nature of the Case

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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.