Gragg v. Northwestern National Insurance
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Son. O. A. Denton, Judge. There was a disagreement as to the amount of loss when the insured offered a sum in settlement, which insured refused to accept and thereupon the appraisal clause of the contract immediately became operative and no right of action could accrue to insured until there had been an appraisal of the amount of his loss or an effort put forth by assured to secure an appraisal.
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Appeal from Bates Circuit Court. — Son. O. A. Denton, Judge. There was a disagreement as to the amount of loss when the insured offered a sum in settlement, which insured refused to accept and thereupon the appraisal clause of the contract immediately became operative and no right of action could accrue to insured until there had been an appraisal of the amount of his loss or an effort put forth by assured to secure an appraisal. An action instituted before that, had been done, is prematurely brought. Murphy v. Insurance Co., 61 Mo. App. 823; Murphy v. Insurance Co., 70 M'o. App. 78; McNees…
1Opinion of the CourtEllison, J.
This action is based on a policy of fire insurance. The judgment in the trial court was for the plaintiff.
The case was before this court on a former appeal when the judgment was reversed. It will be found on examination of the opinion (132 Mo. App. 405) that plaintiff had instituted his action before resorting to an arbitration as provided in the policy in case of disagreement, which we held he could not legally do. The reversal was had on June 29, 1908. Soon thereafter, in July, plaintiff requested the selection of arbitrators, but defendant did not act upon such request. Afterwards, on the…
2Cases cited6 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- McNees v. Southern InsuranceMissouri Court of Appeals · 1897
- Ball v. Royal InsuranceMissouri Court of Appeals · 1908
- Blackwell v. American Central InsuranceMissouri Court of Appeals · 1899
- Fowble v. Phoenix InsuranceMissouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dixon v. State Mut. Ins. Co.Supreme Court of Oklahoma · 1916
- Jones v. DavisSupreme Court of Missouri · 1957