Fire Ass'n v. Appel
Ohio Supreme Court
. Error to the Superior Court of Cincinnati, General Term. Emily Appel, who is now deceased, was doing business as a wholesale and retail dealer in millinery in the city of Cincinnati on the 9th day of September, 1901, when a fire occurred, destroying a large amount of her merchandise and property.
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. Error to the Superior Court of Cincinnati, General Term. Emily Appel, who is now deceased, was doing business as a wholesale and retail dealer in millinery in the city of Cincinnati on the 9th day of September, 1901, when a fire occurred, destroying a large amount of her merchandise and property. Among other policies, she held a policy of insurance, issued by the plaintiff in error, which contained, among other things, the following conditions: “This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall…
1Opinion of the CourtDavis, J.
The counsel on both sides of this case have discussed several propositions which relate to the validity of the award,- which was made by one of the appraisers and the umpire, and to the insufficiency of the proof of loss, there being no award attached thereto as required by the terms of the policy. As we view the case, these questions aré not necessarily involved. The real question is whether or not the insured was, by the conduct of the insurer, absolved from the obligation of the precedent condition relating to appraisal as written in the policy.
It is the clearly announced doctrine of this…
2Cases cited5 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
- Mayor of New-York v. ButlerNew York Supreme Court · 1847
- Grady v. Home Fire and Marine Ins. Co.Supreme Court of Rhode Island · 1906
- Ruble v. MasseyIndiana Supreme Court · 1851