Meyer v. State Farm Fire & Cas. Co.
Court of Special Appeals of Maryland
582 A.2d 275 (Md. App. 1990)
Insureds (plaintiffs) held a hazard insurance policy from State Farm Fire & Cas. Co. (defendant) that required disputes over the amount of a covered loss to go through an appraisal process with multiple appraisers, rather than litigation. After suffering a covered loss and disputing State Farm's valuation, the insureds skipped the appraisal process and sued directly for damages, arguing the appraisal clause violated their state constitutional right to a jury trial and that they never knowingly waived that right because the policy was a contract of adhesion they had no real ability to negotiate. The lower court dismissed the suit, and the insureds appealed.
Whether an unambiguous and conscionable term in an adhesion contract is enforceable even though it disadvantages the weaker party and is part of a contract the weaker party had no meaningful ability to negotiate.