Kaiser v. Hamburg-Bremen Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hamburg-Bremen Fire Insurance Company of Hamburg and Bremen, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of .the clerk of the county of Erie on the 26th day of April, 1900, upon the report of a referee. •
1Opinion of the Court
Laughlin, J.:
This is an action to set aside an award made by appraisers appointed pursuant to the arbitration -clause contained in a standard insurance policy and to recover on' the policy for a fire loss. The referee found that the plaintiff’s signature to the appraisal agreement was procured through fraud and that, consequently, said agreement and the award made thereunder were void and should be vacated and set. aside. . The policy provides that the loss or damage shall be ascertained or estimated according to the “ actual cash value ” of the property at the time of the fir'e,“ with proper…
2Cases cited10 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Bradshaw v. Agricultural Insurance of WatertownNew York Court of Appeals · 1893
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
- Stemmer v. Scottish InsuranceOregon Supreme Court · 1898
- Halstead v. . SeamanNew York Court of Appeals · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Matter of Delmar Box Co.(ætna Ins. Co.)New York Court of Appeals · 1955
- Gervant v. New England Fire InsuranceNew York Court of Appeals · 1954
- Ætna Ins. v. HefferlinCourt of Appeals for the Ninth Circuit · 1919
- Stout v. Phoenix Assurance Co. of LondonNew Jersey Court of Chancery · 1904
- Mason v. Fire Ass'n of PhiladelphiaSouth Dakota Supreme Court · 1909
9 more not listed; retrieve them via the Exa API.