Littrell v. Allemania Fire Insurance

Defendants had insured plaintiffs’ house against loss by fire. It burned on May 8,1926. Plaintiffs refused the request of defendants for the appointment of appraisers, relying upon the advice of counsel and following the decisions in Rosenwald v. Phœnix Ins. Co. (50 Hun, 172) and Lang v. Eagle Fire Co. (12 App. Div. 39). They claimed that an appraisal was not required by the terms of the policy because there had been a total loss. They obtained a judgment for the amount named in the policy, defendants appealed, and in January, 1928, this court, because of such refusal, reversed the judgment…