Insurance Co. of North America v. Folds

1. Under the previous ruling in this case (35 Ga. App. 720, 135 S. E. 107), a suit on the liability imposed by the policy itself could not be maintained pending the undisposed of appraisement provided for by the agreement between the parties to the contract of insurance, unless it should appear that the defendant had refused to permit the appraisement to be legally completed and a valid award made thereunder. Under the allegations of the petition in the instant suit on the contract, and from the evidence submitted *307in support thereof, it appears that the defendant had failed and refused to…