Legal Opinion

Gasser v. Sun Fire Office

Supreme Court of Minnesota

Decided January 10, 1890PublishedCited by 28 opinions

Appeal by defendant from an order of the district court for St. Louis county, Ensign, J., presiding, sustaining a demurrer to the answer.

1Opinion of the CourtYanderburgh, J.

This action is to recover upon an insurance policy for loss or damage suffered by fire. The defendant does not deny its liability under the policy, but disputes the extent of the loss, in respect to which the parties are unable to agree. The principal controversy in the case is over the arbitration clause in the policy. Under the policy the defendant first undertakes, generally, to indemnify the plaintiff for loss by fire within the amount specified; but we are to look to other provisions in the policy bearing on the question, in order to determine when a cause of action arises, and upon what…

2Cases cited4 opinions

  1. President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
  2. Johnson v. American InsuranceSupreme Court of Minnesota · 1889
  3. Tripp v. Northwestern National BankSupreme Court of Minnesota · 1889
  4. Wolff v. Liverpool & London & Globe InsuranceSupreme Court of New Jersey · 1888

3Cited by28 opinions

  1. Hardware Dealers Mutual Fire Insurance v. Glidden Co.Supreme Court of the United States · 1931
  2. Park Construction Co. v. Independent School District No. 32Supreme Court of Minnesota · 1941
  3. Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
  4. Chippewa Lumber Co. v. Phenix InsuranceMichigan Supreme Court · 1890
  5. Levine v. Lancashire InsuranceSupreme Court of Minnesota · 1896

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