American Family Mutual Insurance Company v. Edward Dixon and Kathy Dixon

Introduction

Appellants Edward Dixon and Kathy Dixon (“Homeowners”) appeal from the trial court’s entry of summary judgment in favor of Respondent American Family Mutual Insurance Company (“American Family”). Because the record shows that the issue at dispute in this litigation is whether Homeowners’ claims are covered losses under the policy as opposed to the amount of damages resulting from a covered loss, the appraisal provision contained in the insurance policy is not applicable. The issue of whether the Homeowners’ claims are covered losses under the policy may not be delegated lawfully…