Bergman v. Commercial Assurance Co. of London
Court of Appeals of Kentucky
Case 90 — PETITIONS ORDINARY TRANSFERRED TO EQUITY— APPEALS PROM LOUISVILLE CHANCERY COURT. 1. The agreement in the policy that no action shall be brought until the-amount of the loss has been fixed by arbitration, is against public policy and void. (Story’s Eq. Jur., sec. 670; Home Ins. Co. v. Moss, 20 Wall., 445.) 2. The submission to arbitration in this case was void because made without the consent of the mortgagee, to whom the loss was made payable.
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Case 90 — PETITIONS ORDINARY TRANSFERRED TO EQUITY— APPEALS PROM LOUISVILLE CHANCERY COURT. 1. The agreement in the policy that no action shall be brought until the-amount of the loss has been fixed by arbitration, is against public policy and void. (Story’s Eq. Jur., sec. 670; Home Ins. Co. v. Moss, 20 Wall., 445.) 2. The submission to arbitration in this case was void because made without the consent of the mortgagee, to whom the loss was made payable. (Wood on Fire Insurance, sec. 370, and cases cited.) 1. The action of the insured in submitting the question of loss to arbitration is not…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
These two oases are to be heard together. It seems', that the appellant Bergman took out a fire policy on his-residence house, situated on his farm in Jefferson county,, in each of the appellees’ companies for twenty-five hundred dollars each. The appellees indorsed on each policy,, by the direction of the appellant Bergman, that the loss - on the policy, if any occurred, should be paid to the appellant, R. T. Colston, trustee, he holding a mortgage lien on said property to secure a larger sum than the aggregate sum of both policies, which…
2Cases cited1 opinion
- Harrington v. Fitchburg Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1878
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- Collinsville Savings Society v. Boston InsuranceSupreme Court of Connecticut · 1905
- McKinney v. Western Assurance Co.Court of Appeals of Kentucky · 1895
- First National Bank v. National Liberty InsuranceSupreme Court of Minnesota · 1923
- Georgia Home Insurance v. SteinMississippi Supreme Court · 1895
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