Liverpool, London & Globe Insurance v. Creighton
Supreme Court of Georgia
Insurance. Conditions. Before Judge Schley. Chatham Superior Court. January Term, 1873. ' / J. H. & ~W. Creighton instituted suit against the Liverpool, London and Globe Insurance Company on two policies of insurance, one for $10,000 00, and the other for $5,000 00, claiming as due them for damage by fire, and from said defendant’s having taken possession of the insured property at said fire, and having failed to return the same, $7,131 76, besides interest.
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Insurance. Conditions. Before Judge Schley. Chatham Superior Court. January Term, 1873. ' / J. H. & ~W. Creighton instituted suit against the Liverpool, London and Globe Insurance Company on two policies of insurance, one for $10,000 00, and the other for $5,000 00, claiming as due them for damage by fire, and from said defendant’s having taken possession of the insured property at said fire, and having failed to return the same, $7,131 76, besides interest. The defendant pleaded as follows: 1st. That said contracts of insurance were made subject to certain conditions and stipulations…
1Opinion of the Court
Trippe, Judge.
1. A stipulation in a policy of insurance providing that in case of difference of opinion as to the amount of loss or damage, there shall be a reference of the same to arbitration, does not bar the insured of his right of action without such reference, unless the stipulation amounts to a condition precedent to his right to resort to the courts, or makes such submission the only mode by which the amount of damage is to be ascertained, or by which the liability of the company can be fixed. Either of these two latter provisions would, at last, be equivalent to making the submission…
2Cited by21 opinions
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- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
- Sasser & Co. v. GriffinCourt of Appeals of Georgia · 1974
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