Hall & Brother v. Western Assurance Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. 0. Speake. This action wag brought by the appellants, Hall & Brother against the Western Assurance Company of Toronto', and counted in the statutory form upon a fire insurance policy, seeking to recover the loss sustained by fire of said articles included in the policy.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. 0. Speake. This action wag brought by the appellants, Hall & Brother against the Western Assurance Company of Toronto', and counted in the statutory form upon a fire insurance policy, seeking to recover the loss sustained by fire of said articles included in the policy. The defendant pleaded the general issue and several special pleas setting up a violation on the part of the plaintiffs of the arbitration clause contained in the policy of insurance which provided for arbitration in the event of a disagreement between the…
1Opinion of the CourtTyson, J.
The two opinions in this case, on former appeal, settle the question of the binding efficacy of the “arbitration clause, contained in the policy sued on.” — Western Assurance Co. v. Hall, 112 Ala. 318; Ib. 120 Ala. 547. Pursuant to this provision of the policy, a written agreement for submission to two certain named appraisers, to* estimate, the loss upon specified items of property, about which the parties disagreed, was entered into by them. Under this agreement the two appraisers were to select a third, who should act with them in matters of- difference only,- and their award was to be…
2Cases cited4 opinions
- Griel v. LomaxSupreme Court of Alabama · 1889
- Western Assurance Co. v. Hall & BrotherSupreme Court of Alabama · 1895
- Western Assurance Co. v. Hall & BrotherSupreme Court of Alabama · 1898
- Van Arsdale v. HowardSupreme Court of Alabama · 1843
3Cited by14 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Johnson v. KornCourt of Appeals of Texas · 1938
- Hill v. Star Insurance Co. of AmericaSupreme Court of North Carolina · 1931
- Maryland Casualty Co. v. MayfieldSupreme Court of Alabama · 1932
- Lovell v. SmithSupreme Court of Alabama · 1936
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