AETNA CAS. & SUR. v. INS. COMM'R

[No. 62, September Term, 1981.]

293 Md. 409 (1982)

445 A.2d 14

THE AETNA CASUALTY & SURETY COMPANY v. INSURANCE COMMISSIONER, STATE OF MARYLAND ET AL.

Court of Appeals of Maryland.

Decided May 13, 1982.


Attorney(s) appearing for the Case

George M. Radcliffe and Scott A. Hunsicker for appellant.

Michael L. Cohen, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee Insurance Commissioner and by Thomas N. Biddison, Jr. for appellee Archdiocese of Baltimore.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON, and RODOWSKY, JJ.


DAVIDSON, J., delivered the opinion of the Court.

This case concerns the effect of an appraisal clause in a standard fire insurance policy that establishes an appraisal procedure to be followed when the insurer and the insured fail to agree on the amount of loss. More particularly, this case presents the question whether, under such an appraisal clause, an insured can compel an insurer to submit to appraisal.

The relevant provisions of the standard fire insurance...

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