National Home Building & Loan Ass'n v. Dwelling House Insurance
Michigan Supreme Court
Error to Muskegon; Russell, J. Assumpsit by the National Home Building & Loan Association against the Dwelling House Insurance Company upon a fire policy. From a judgment for defendant, plaintiff brings error.
1Opinion of the CourtHooker, J.
The only question in this cause is whether the action was prematurely brought upon a policy of insurance, no steps having been taken by either party to require an appraisal. Counsel for the defendant assert that the company offered to pay $750, while the plaintiff claimed $900 or more, and that this constituted a disagreement as to the amount of the loss, and that in such case appraisal was a condition precedent to bringing-action upon the policy.
The provisions of the policy involved in this contention are as follows:
“In the event of any disagreement as to the amount of loss, the same shall,…
2Cases cited11 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Chippewa Lumber Co. v. Phenix InsuranceMichigan Supreme Court · 1890
- Mosness v. German-American Insurance Co. of New YorkSupreme Court of Minnesota · 1892
- Hanley v. WalkerMichigan Supreme Court · 1890
- Gasser v. Sun Fire OfficeSupreme Court of Minnesota · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- E. E. Tripp Excavating Contractor, Inc. v. Jackson CountyMichigan Court of Appeals · 1975
- McNees v. Southern InsuranceMissouri Court of Appeals · 1897
- Alton J. Van Horn v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Sixth Circuit · 1968
- Norwich Union Fire Insurance Society v. RayorSupreme Court of Colorado · 1921
- Grand Rapids Fire Insurance v. FinnOhio Supreme Court · 1899