Randall v. Phœnix Insurance
Montana Supreme Court
Appeal from, First Judicial District, Lewis and Clarke County. The cause was tried before Galbraith, J., sitting in place of Hunt, J. Plaintiffs had judgment below.
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Appeal from, First Judicial District, Lewis and Clarke County. The cause was tried before Galbraith, J., sitting in place of Hunt, J. Plaintiffs had judgment below. The condition of the policy, that no suit or action against the company for the recovery of any claim, by virtue of the policy, shall be sustainable until after an award shall have been obtained, fixing the amount of such claim in the manner provided in the policy, which is agreed to be a condition precedent, is valid and binding upon the assured. (Scott v. Avery, 5 H. L. Cas. 811; Hamilton v. Liverpool &L.&G. Ins. Co. 136 U. S.…
1Opinion of the CourtHaewood, J.
This action was brought to recover fifteen hundred dollars insurance, upon one of the policies mentioned in the case of Randall et al. v. The American Fire Ins. Co. of Philadelphia, ante, page 340. That case is referred to'for a statement of the pleadings, evidence, and points relied upon by appellant in this case.
This cause was tried before the court without a jury; and by stipulation, the same evidence introduced on the trial of the cause above referred to, by the respective parties, was submitted and considered in this cause, except that the policy of insurance issued by the Phoenix…
2Cases cited1 opinion
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
3Cited by5 opinions
- Vangindertaelen v. Phenix InsuranceWisconsin Supreme Court · 1892
- Davis v. Atlas Assurance Co.Washington Supreme Court · 1896
- Solem v. Connecticut Fire InsuranceMontana Supreme Court · 1910
- Smith v. Franklin Fire InsuranceMontana Supreme Court · 1921
- Sykes v. Royal Casualty Co.Mississippi Supreme Court · 1916