Why the Auto-Owners v. Second Chance Ruling Is Unique
In Auto‐Owners Insurance Co. v. Second Chance Investments LLC, 827 N.W.2d 766 (Minn. 2013), the Minnesota Supreme Court addressed the question of whether an appraisal panel can determine whether an insured sustained a total loss.
April 24, 2013
Law360, New York (April 24, 2013, 1:18 PM ET) ‐‐ Twenty states, including Minnesota, have valued policy statutes. In those states, the insurer must pay the insured property owner the full face value of the policy in the event of a total loss. In Auto‐Owners Insurance Co. v. Second Chance Investments LLC, 827 N.W.2d 766 (Minn. 2013), the Minnesota Supreme Court addressed the question of whether an appraisal panel can determine whether an insured sustained a total loss.
The court answered that question in the negative, finding that the appraisal provision in Minnesota’s statutory standard fire insurance policy does not provide parties the right to have an appraisal panel decide whether a claim involves a total loss.
All Content © 2003‐2013, Portfolio Media, Inc.
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
Damned if You Don’t
In Times of Crisis:
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.