Gauche v. London & Lancashire Ins.

Billings, D. J.

This is an action upon a policy of insurance against loss by ñre. The defendant pleaded special pleas, or, as *348under our Code of Practice they would be termed, dilatory exceptions, along with the plea to the merits. These pleas are to the effect that the conditions precedent established by the policy have not been performed : (1) In that no proper preliminary proofs were furnished ; and (2) that there had been no arbitration whereby the “amount of loss” must be determined, and that until these conditions have been performed no right of action in the plaintiff exists. The court…