Molodyh v. Truck Insurance Exchange

In this action on a fire insurance policy, plaintiff, the insured, appeals from a judgment for defendants, the insurers, following the granting of defendants’ motion for summary judgment. He contends that ORS 743.648 unconstitutionally deprives him of his right to jury trial as guaranteed by Article I, section 17, of the Oregon Constitution. The statute provides:

“A fire insurance policy shall contain a provision as follows: ‘In case the insured and this company shall fail to agree as to the actual cash value or the amount of loss, then, on the written demand of either, each shall select a…