Bangor Savings Bank v. Niagara Fire Insurance
Supreme Judicial Court of Maine
On motion -and exceptions. This was an action on a policy of insurance in which the principal question was that of the damages and its mode of adjustment.
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On motion -and exceptions. This was an action on a policy of insurance in which the principal question was that of the damages and its mode of adjustment. There was a preliminary question whether the plaintiff could maintain its action until a reference had been had according to the stipulation therefor in the policy; but the presiding justice held that, as the award contained no evidence of a compliance with the conditions of the agreement (the latter being an independent submission), the appraisal was not in accordance with the stipulation, and therefore not a bar to the action ; and also…
1Opinion of the CourtWhitei-iouse, J.
Assumpsit on a policy of insurance against loss or damage by fire to an amount not exceeding $2000 on the hotel building known as the "Bangor House.” The contract in suit was one of eight policies issued by different companies on the same property, amounting in the aggregate to $15,000.
The house was damaged by fire on the fifth day of May, 1889, and it was not in controversy that the policy in suit was valid, *72and that the defendant corporation was liable to pay the plaintiff its proportional part of the damage, according to the terms of its contract. The amount of damage which the plaintiff…
2Cases cited1 opinion
- Hall v. Norwalk Fire InsuranceSupreme Court of Connecticut · 1888
3Cited by15 opinions
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- German Ins. v. Hazard BankCourt of Appeals of Kentucky · 1907
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