McDonnell v. State Farm Mutual Automobile Insurance Co.

[INSURANCE LAW]

In McDonnell v. State Farm Mutual Automobile Insurance Co.,[1] the supreme court held that personal injury claims are not subject to statutorily mandated appraisal under Alaska’s insurance code.[2] In 2007, McDonnell and her son were in a car accident.[3] McDonnell claimed both her and her son suffered back injuries from this accident.[4] State Farm, McDonnell’s insurer, however, did not believe the aforementioned accident was the source of all the claimed injuries.[5] Unable to settle, McDonnell asked for a declaratory judgment arguing that, statutorily, her claims were entitled to mandatory appraisal.[6] Subsequently, the lower court granted summary judgment in favor of State Farm.[7] On appeal, McDonnell argued again for the application of mandatory appraisal to her claims.[8] The supreme court affirmed the lower court’s decision, reasoning that the statutorily mandated appraisal applied to, among other things, personal property.[9] Thus, according to the court, given the context, personal injury claims were not included in personal property and, consequently, fell outside the statute’s bounds.[10] Affirming the lower court’s decision, the supreme court held that personal injury claims are not subject to statutorily mandated appraisal.[11]

 



[1] 299 P.3d 715 (Alaska 2013).

[2] Id. at 723.

[3] Id. at 718.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] Id. at 719.

[9] Id. at 721.

[10] Id.

[11] Id. at 723.

McDonnell v. State Farm Mutual Automobile Insurance Co.

[INSURANCE LAW]

In McDonnell v. State Farm Mutual Automobile Insurance Co.,[1] the supreme court held that personal injury claims are not subject to statutorily mandated appraisal under Alaska’s insurance code.[2] In 2007, McDonnell and her son were in a car accident.[3] McDonnell claimed both her and her son suffered back injuries from this accident.[4] State Farm, McDonnell’s insurer, however, did not believe the aforementioned accident was the source of all the claimed injuries.[5] Unable to settle, McDonnell asked for a declaratory judgment arguing that, statutorily, her claims were entitled to mandatory appraisal.[6] Subsequently, the lower court granted summary judgment in favor of State Farm.[7] On appeal, McDonnell argued again for the application of mandatory appraisal to her claims.[8] The supreme court affirmed the lower court’s decision, reasoning that the statutorily mandated appraisal applied to, among other things, personal property.[9] Thus, according to the court, given the context, personal injury claims were not included in personal property and, consequently, fell outside the statute’s bounds.[10] Affirming the lower court’s decision, the supreme court held that personal injury claims are not subject to statutorily mandated appraisal.[11]

 



[1] 299 P.3d 715 (Alaska 2013).

[2] Id. at 723.

[3] Id. at 718.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] Id. at 719.

[9] Id. at 721.

[10] Id.

[11] Id. at 723.