Fowble v. Phoenix Insurance
Missouri Court of Appeals
Appeal from Cedar Circuit Court. — Ro». R. G. Timmonds, Judge. (1) The insurance company and the insured must proceed in good faith with an agreement for arbitration and it is for the jury to decide the question and not the court. Uhrig v. Ins. Co., 101 N. T. 361. (2) The mere fact that an attempted arbitration has not been completed is’no bar to an action on the policy. McCullough v. Ins. Co., 113 Mo. 606; Brock v. Ins. Co., 26 L. R. A. 623; Ins.
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Appeal from Cedar Circuit Court. — Ro». R. G. Timmonds, Judge. (1) The insurance company and the insured must proceed in good faith with an agreement for arbitration and it is for the jury to decide the question and not the court. Uhrig v. Ins. Co., 101 N. T. 361. (2) The mere fact that an attempted arbitration has not been completed is’no bar to an action on the policy. McCullough v. Ins. Co., 113 Mo. 606; Brock v. Ins. Co., 26 L. R. A. 623; Ins. Co. v. Bishop, 154 111. 9. (3) The umpire should he chosen from the vicinity of the loss. Brock v. Ins. Co., 26 L. R. A. 623; Chapman v. Ins. Co.,…
1Opinion of the CourtEllison, J.
This is an action on a fire insurance policy. The policy contained the following arbitration clause:
“In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers; the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two…
2Cases cited13 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
- Bishop v. Agricultural InsuranceNew York Court of Appeals · 1892
- Hickerson & Co. v. Insurance CompaniesTennessee Supreme Court · 1896
- Chapman v. Rockford InsuranceWisconsin Supreme Court · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Providence Washington Insurance v. WolfIndiana Supreme Court · 1907
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Gray v. Reliable Ins. Co.Supreme Court of Oklahoma · 1910
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- Jones v. Orient InsuranceMissouri Court of Appeals · 1914
3 more not listed; retrieve them via the Exa API.