Legal Opinion

In re the Arbitration between Fitzgerald & Continental Insurance

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 1949Published

1Opinion of the CourtBrewster, J.

Appellants appeal from an order of the Supreme Court directing each of them to proceed with petitioner to an arbitration under the provisions of article 84 of the Civil *455Practice Act. The controversy arises over an appraisal and determination of the amount of loss claimed by petitioner-respondent under policies of fire insurance issued by said companies which insured him against loss sustained bv business interruption due to fire.

Petitioner suffered loss and damage by fire in one of his warehouses upon which each of the appellant companies had issued a standard policy of fire insurance. Each…

2Cases cited11 opinions

  1. Hardware Dealers Mutual Fire Insurance v. Glidden Co.Supreme Court of the United States · 1931
  2. Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
  3. Travelers Insurance v. Louis Padula Co.New York Court of Appeals · 1918
  4. Matter of FletcherNew York Court of Appeals · 1924
  5. Bishop v. Agricultural InsuranceNew York Court of Appeals · 1892

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