Braddy & Gaylord v. New York Bowery Fire Insurance
Supreme Court of North Carolina
Civil actioN, heard at May Term, 1894, of Forsyth Superior Court. From the judgment on a verdict for the- defendant, the plaintiffs appealed. The facts sufficiently appear in the opinion of Associate Justice Avery.
1Opinion of the Court
Avery, J.:
While it is well settled that an agreement in a policy of insurance to submit to arbitrators the single question of the amount of loss by fire sustained by the person insured is not invalid (Manufacturing Co. v. Insurance Co., 106 N. C., 28; Carroll v. Insurance Co., 72 Cal., 297), it is equally well understood that a contract which would oust 'the jurisdiction of the Courts by leaving all of the matters involved in any controversy that might arise between insurer and insured to such arbitrament is void as against public policy. Angel on Insurance, 431; Scott v. Avery, Ex. S. C., 20…
2Cases cited4 opinions
- Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
- Carroll v. Girard Fire Insurance of the City of PhiladelphiaCalifornia Supreme Court · 1887
- Old Saucelito Land & Dry Dock Co. v. Commercial Union Assurance Co.California Supreme Court · 1884
- Pioneer Manufacturing Co. v. Phœnix Assurance Co. of LondonSupreme Court of North Carolina · 1890
3Cited by14 opinions
- Delaware Underwriters & Westchester Fire Insurance v. BrockTexas Supreme Court · 1919
- Pretzfelder v. Merchants Insurance Co. of NewarkSupreme Court of North Carolina · 1898
- Hickerson & Co. v. Insurance CompaniesTennessee Supreme Court · 1896
- M. Pretzfelder & Co. v. Merchants' InsuranceSupreme Court of North Carolina · 1895
- Williams v. Branning Manufacturing Co.Supreme Court of North Carolina · 1911
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