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MOLODYH v. TRUCK INS. EXCHANGE

TC 149,522; CA A33853; SC S32789.

744 P.2d 992 (1987)

304 Or. 290

Maximo MOLODYH, Respondent On Review, v. TRUCK INSURANCE EXCHANGE, a California Corporation; and Farmers Insurance Company of Oregon, an Oregon Corporation, Petitioners On Review.

Supreme Court of Oregon.

Decided November 3, 1987.

Attorney(s) appearing for the Case

I. Franklin Hunsaker, Portland, argued the cause for petitioners on review. With him on the petition and the court-requested supplemental brief were James L. Knoll and Bullivant, Houser, Bailey, Hanna, Pendergrass, Hoffman, O'Connell & Goyak, Portland.

J. Michael Alexander, Salem, argued the cause for respondent on review. With him on the response to the petition for review and the court-requested supplemental brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Before PETERSON, C.J., and LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ.

CARSON, Justice.

This case involves an action on a fire insurance policy. We are asked to determine whether ORS 743.648, which sets forth an appraisal procedure1 in the event of a dispute over the actual cash value or the amount of the loss, violates Article I, section 17, of the Oregon Constitution2 because it deprives an insured of the right to a jury trial.

The facts are not disputed. Plaintiff owned...

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