Fleming v. Phoenix Assurance Co.
New York Supreme Court
Action by Mary Fay Fleming and others against the Phoenix zAssurance Company of London on a fire insurance policy. Plaintiffs claimed that the amount of loss was $443.60. The court directed a verdict for plaintiffs for $45.76, and plaintiffs moved for a new trial on exceptions ordered to be heard at general term in the first instance. Denied.
1Opinion of the CourtDykman, J.
This is an action upon a policy of fire insurance, to recover for damages by fire to the property insured. The cause was tried at the circuit, where a verdict was directed in favor of the plaintiffs for $45.76, and the exceptions were directed to be heard at the general term in the first instance. The policy is the usual standard fire policy, and contains this provision:
“In the event of disagreement as to the amount of loss, the same shall, as above provided, be ascertained by two competent and disinterested apprais*489ers, the insured and this company each selecting one, and the two so chosen…
2Cited by9 opinions
- Hanley v. Ætna InsuranceMassachusetts Supreme Judicial Court · 1913
- Dworkin v. Caledonian InsuranceSupreme Court of Missouri · 1920
- In re American InsuranceAppellate Division of the Supreme Court of the State of New York · 1924
- Kaiser v. Hamburg-Bremen Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Strome v. London Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1897
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