Lee v. Hamilton Fire Insurance

Assume that the policy is a valued one and that, in the event of total loss, the full value as therein stated is recoverable. Assume also that when property insured under a valued policy is 'Conceded to have been completely destroyed and to have passed out of existence, appraisal may not be enforced. (Rosenwald v. Phoenix Ins. Co., 50 Hun, 172; Lang v. Eagle Fire Co., 12 App. Div. 39.) When, however, the parties to an insurance contract disagree respecting the fact whether damage is partial or loss is total that rule does not apply, In such circumstances an appraisal provision in a policy…