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LYNCH v. AMERICAN FAMILY MUT. INS. CO.

No. 90-2568.

163 Wis.2d 1003 (1991)

473 N.W.2d 515

Robert R. LYNCH and Frances Dunn, Plaintiff-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 2, 1991.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Lawrence M. Shindell, Anne B. Shindell, and Jeffrey N. Gingold of Shindell & Shindell of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Robert C. Burrell of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

Before Moser, P.J., Sullivan and Fine, JJ.

FINE, J.

This action arises out of a dispute between Robert R. Lynch and Frances Dunn and their homeowners insurance company, American Family Mutual Insurance Company, over the amount owed by American Family for an insured loss sustained by Lynch and Dunn. The issue presented here is a matter of first impression in Wisconsin; namely, whether an insurance company may invoke the appraisal clause in its policy subsequent to the filing of a lawsuit against it when it...

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