Molodyh v. Truck Insurance Exchange

This case involves an action on a fire insurance policy. We are asked to determine whether ORS 743.648, which sets forth an appraisal procedure 1 in the event of a dispute over the actual cash value or the amount of the loss, violates Article I, section 17, of the Oregon Constitution 2 because it deprives an insured of the right to a jury trial.

The facts are not disputed. Plaintiff owned property which was damaged by fire on February 7,1983. The property was insured by defendants under a multi-risk policy which included standard fire coverage. Plaintiff submitted a proof of loss, claiming…