Liverpool & London & Globe Insurance v. Heckman

The opinion of the court was delivered by

Pollock, J.:

A contention, more difficult of dispo-' sition than tbe merits of the controversy, arises in this case upon the form of the pleadings. This is an action brought on a policy of insurance. The petition sets forth a copy of the policy and alleges a total loss of the inshred property. ' The policy contains provisions for the ascertainment, by aboard of appraisers, of the amount of the loss in a case of disagreement as to the amount, as a condition precedent and prerequisite to the bringing of an action on the policy. These conditions, however,…