Buchholz v. United States Fire Insurance

Dore, J. (dissenting).

As this case comes to us, plaintiff, the insured under a fire insurance policy issued by defendant, has his claim for loss under the policy dismissed on the merits by the trial court without submission to the jury, although defendant insurer admits that plaintiff suffered a total loss while the policy was in force. The theory of the dismissal is that the insured failed to comply with a condition precedent in the policy in that it “failed and refused to proceed with an appraisal. ’ ’

This result is reached although plaintiff in rebuttal recalled a witness, John B. Miller,…