Western Assurance Co. v. Hall & Brother
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Henry C. Speake. This was an action counting upon a policy of fire insurance, and was brought by the appellees, Hall & Brother, against the appellant.
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Appeal from the Circuit Court of Madison. Tried before the Hon. Henry C. Speake. This was an action counting upon a policy of fire insurance, and was brought by the appellees, Hall & Brother, against the appellant. The defendant pleaded the general issue, and also the following special plea: “For further answer to said complaint the defendant says, that in and by said policy it is provided and stipulated in substance, and made a condition 'thereof that any loss or damage under said policy shall be ascertained or estimated by the insured and said company, or, if they differ, then by appraisers…
1Opinion of the CourtColeman, J.
The action is upon a policy contract of fire insurance, and the complaint is framed after the statutory form. The court sustained the plaintiff’s demurrer to the pleas of the defendant, and the defendant declining to plead further, judgment was rendered for the plaintiffs. The appeal is from the ruling of the court, sustaining the demurrer to the pleas. The question raised by the pleas is the 'legal effect of the “arbitration clause” contained in the policy. According to the averments of one or more of the pleas, the policy provided that in the event of disagreement as to the amount of loss,…
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