Niagara Fire Insurance v. Boon
Supreme Court of Arkansas
Appeal from L,ee Circuit Court. S. H. Mann, Special Judge. The court erred in considering-incompetent evidence. The award was invalid because: First, the refusal of Rawes to proceed on the improper basis insisted on by Hampton and the umpire operated, in law, as a revocation of the reference.
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Appeal from L,ee Circuit Court. S. H. Mann, Special Judge. The court erred in considering-incompetent evidence. The award was invalid because: First, the refusal of Rawes to proceed on the improper basis insisted on by Hampton and the umpire operated, in law, as a revocation of the reference. Morse, Arb. 236; 46 Atl. 92. That the submission may be revoked before award, see 3 Cyc. 610, 613. Second, the refusal of the appraiser and umpire, who assumed to act, to make separate statements as to the “sound value” of the wall before the fire and the damage thereto was a departure from the terms of…
1Opinion of the CourtHile, C. J.
Boon had a policy of insurance in appellant’s company on his store building, and the adjoining building burned, injuring the intervening brick wall, the roof and front of his building. The adjuster of the insurance company and Boon failed to agree on the amount of damage, and the company invoked the arbitration clause of the policy. The clause was in the usual form of such clauses in standard Are insurance policies, providing that each party select a competent and disinterested appraiser, and the appraisers to select a competent and disinterested umpire. The appraisers were required to…
2Cases cited3 opinions
- Bradshaw v. Agricultural Insurance of WatertownNew York Court of Appeals · 1893
- Barnard v. Lancashire Ins. Co. of ManchesterCourt of Appeals for the Eighth Circuit · 1900
- National Fire Insurance v. O'BryanSupreme Court of Arkansas · 1905
3Cited by18 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Lee v. Providence Washington InsuranceMontana Supreme Court · 1928
- Firemen's Fund Ins. v. Flint Hosiery Mills, Inc.Court of Appeals for the Fourth Circuit · 1935
- Umberger v. WestmorelandSupreme Court of Arkansas · 1951
- Alexander v. FletcherSupreme Court of Arkansas · 1943
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