Lynch v. American Family Mutual Insurance

This action arises out of a dispute between Robert R. Lynch and Frances Dunn and their homeowners insurance company, American Family Mutual Insurance Company, over the amount owed by American Family for an insured loss sustained by Lynch and Dunn. The issue presented here is a matter of first impression in Wisconsin; namely, whether an insurance company may invoke the appraisal clause in its policy subsequent to the filing of a lawsuit against it when it had ample opportunity to invoke the clause prior to commencement of the action but failed to do so. The trial court stayed Lynch and Dunn's…