Schwartzman v. London & Lancashire Fire Insurance

I do not concur in the reasoning employed or the conclusions reached in the majority opinion. My views in the main are those of Commissioner HIGBEE, who wrote the opinion in Division Two, and the cause having been transferred to Court en Banc his opinion was rejected, and the opinion of Commissioner DAVIS adopted over my dissent.

This is an action in equity to set aside an appraisal under the terms of a fire insurance policy issued by the defendant and to recover damages for the loss and damage to the property insured. The court found the issues for the plaintiffs and from a judgment in their…