Ætna Ins. v. Hefferlin
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Montana; George M. Bourquin, Judge. Action by C. S. Hefferlin against the ¿Etna Insurance Company. There was a judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the District of Montana; George M. Bourquin, Judge. Action by C. S. Hefferlin against the ¿Etna Insurance Company. There was a judgment for plaintiff, and defendant brings error. This action was brought in the state court by Hefferlin, called plaintiff, against thp insurance company, called defendant, to enforce liability under an insurance policy for $5,000, issued to cover a hotel, including foundations, window screens, doors, electric light wiring, and all fixtures. The building was almost wholly consumed by fire on November 30, 1916.…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). The errors assigned present the question whether the court erred in declaring as a matter of law that the award was invalid, and should it be *697held that the appraisal was ineffective, whether it was obligatory upon the plaintiff, the insured, to submit to a new appraisal.
The evidence was that neither of the appraisers was acquainted with the hotel building prior to the time of its destruction; that the building and fixtures were almost entirely destroyed; that the foundations were shattered and the stone in them discolored; that the kitchen part of the hotel…
2Cases cited11 opinions
- Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
- Continental Ins. v. GarrettCourt of Appeals for the Sixth Circuit · 1903
- Canfield v. Watertown Fire InsuranceWisconsin Supreme Court · 1882
- Western Assur. Co. of Toronto v. DeckerCourt of Appeals for the Eighth Circuit · 1899
- Kaiser v. Hamburg-Bremen Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gervant v. New England Fire InsuranceNew York Court of Appeals · 1954
- Wabash Ry. Co. v. American Refrigerator Transit Co.Court of Appeals for the Eighth Circuit · 1925
- Lee v. Providence Washington InsuranceMontana Supreme Court · 1928
- Firemen's Fund Ins. v. Flint Hosiery Mills, Inc.Court of Appeals for the Fourth Circuit · 1935
- Agricultural Insurance Co. of Watertown v. BiltzNevada Supreme Court · 1937
10 more not listed; retrieve them via the Exa API.