Marcotte v. Farmers Insurance Co.

This is an action on a standard fire insurance policy issued by defendant. Plaintiffs appeal a summary judgment for defendant. The trial court, in a memorandum opinion, ruled that

“* * * plaintiffs should have followed their insurance policy and ORS 743.648 and demanded an appraisal, rather than filing this proceeding. They received no recovery in this action and therefore would not be entitled to attorney’s fees under ORS 743.114.”

Plaintiffs contend that it was error: (1) to grant summary judgment, because ORS 743.648 unconstitutionally deprives plaintiffs of their right to a jury trial; and…