Harrison v. Hartford Fire Ins.
U.S. Circuit Court for the Southern District of Iowa
At Law. This was an action brought by the plaintiff against the defendant upon a policy of insurance, New York standard form, the petition being in the usual form.
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At Law. This was an action brought by the plaintiff against the defendant upon a policy of insurance, New York standard form, the petition being in the usual form. The defendant, for answer, pleaded (1) a general denial; (2) prematurity of action under the Iowa statute; (3) that there was au appraisement entered Into under the terms of the policy, and no award had been made at the time the suit was commenced, and that said award was a condition precedent to bringing suit; (4) that no proofs of loss had been served. The plaintiff pleaded a waiver of proofs. The evidence showed that the tire…
1Opinion of the Court
WOOLSOA, District Judge,
(orally.) An examination of the policy in suit shows that, in the event of a disagreement as to the amount of the loss, the same shall be ascertained by two competent and disinterested appraisers, the assured and the company each «(decting one, and the two so chosen shall first Select a competent, and disinterested umpire. The appraisers together shall then estimate and appraise the loss. The policy further provides that no suit or action on the policy for the recovery of any claim shall he sustainable in any court, of law or equity until after a full compliance by the…
2Cases cited10 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Adams v. New York Bowery Fire InsuranceSupreme Court of Iowa · 1892
- Christie v. Life Indemnity & Investment Co.Supreme Court of Iowa · 1891
- Moore v. State Ins.Supreme Court of Iowa · 1887
- Quinn v. Capital InsuranceSupreme Court of Iowa · 1887
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3Cited by5 opinions
- St. Paul Fire & Marine Ins. v. Mountain Park Stock Farm Co.Supreme Court of Oklahoma · 1909
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Keil Motor Co. v. Royal Insurance Co., Ltd., of LiverpoolSuperior Court of Delaware · 1933
- Harrison v. Hartford Fire Ins.U.S. Circuit Court for the Southern District of Iowa · 1894
- Ferdenando v. Milwaukee Mechanics' InsuranceWashington Supreme Court · 1914