Canfield v. Watertown Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee Couuty. Action to recover for a loss by fire of property covered by a policy of insurance thereon, issued by the defendant company. Such insured property consisted of the plaintiff’s “ room furniture, fixtures, show-case, piano, photographic apparatus, including cameras, pictures, mirrors and their frames, and negatives.”
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APPEAL from the Circuit Court for Milwaukee Couuty. Action to recover for a loss by fire of property covered by a policy of insurance thereon, issued by the defendant company. Such insured property consisted of the plaintiff’s “ room furniture, fixtures, show-case, piano, photographic apparatus, including cameras, pictures, mirrors and their frames, and negatives.” The complaint contains a general statement of the policy and loss, and an allegation of due performance by’ the plaintiff of all conditions therein to be performed by him. The defendant in its answer set out the following condition…
1Opinion of the CourtLtoN, J.
I. The learned counsel for the defendant maintained in his argument that the stipulation to arbitrate contained in the policy operates to make an award under it a condition precedent to the right of the plaintiff to maintain an action for his loss in a case in which, as in this case, there is a dispute as to the amount of the loss, and the insurer has duly demanded a submission of the question of difference to arbitrators. If this is so, it would seem that the plaintiff *423must allege and prove a valid award in order to maintain his action; in which case, of course, the sum awarded would be the…
2Cases cited3 opinions
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
- Phœnix Insurance Co. v. BadgerWisconsin Supreme Court · 1881
- Ferson v. DrewWisconsin Supreme Court · 1865
3Cited by31 opinions
- Birmingham Fire Insurance v. PulverIllinois Supreme Court · 1888
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886
- Vangindertaelen v. Phenix InsuranceWisconsin Supreme Court · 1892
- Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
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