Johnson v. American Insurance
Supreme Court of Minnesota
Action on a fire-insurance policy, brought in the district court for Eock county, to recover $2,975.66, the amount of loss as fixed by appraisers chosen by the parties in accordance with the policy.
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Action on a fire-insurance policy, brought in the district court for Eock county, to recover $2,975.66, the amount of loss as fixed by appraisers chosen by the parties in accordance with the policy. Defence (among others) that the contract was void because (1) when the policy was procured the plaintiff was not sole owner but only part-owner of the property, which fact was material to the risk and was concealed from defendant; and (2) that after the issue of the policy the defendant procured other insurance on the property with- ' out notice to and consent of defendant. At the trial before…
1Opinion of the CourtDickinson, J.
The appellant must be sustained in its first assignment of error. By the terms of the contract of insurance it was provided that “if differences shall arise between the parties hereto touching any loss or damage, * * * the matter shall, at the written request of either party, be submitted to impartial arbitrators, mutually chosen, whose award in writing shall be binding on the parties as to amount of such loss or damage, but shall not decide the liability of the company, under this policy.” The charge of the court was, in substance, that an arbitration pursuant to the contract and at the…
2Cases cited2 opinions
- Miller v. McCormick Harvesting Machine Co.Supreme Court of Minnesota · 1886
- Robinson v. Fire Ass'nMichigan Supreme Court · 1886
3Cited by13 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
- Gasser v. Sun Fire OfficeSupreme Court of Minnesota · 1890
- Meyer v. National Fire InsuranceNorth Dakota Supreme Court · 1936
- Home Fire Insurance v. KuhlmanNebraska Supreme Court · 1899
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