Wynkoop v. . Niagara Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made Hay 2, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought upon a policy of insurance issued by defendant to plaintiff’s testator, insuring his dwelling-house against loss by fire or lightning. The material facts are stated in the opinion.
1Opinion of the Court
Huger, Ch. J.
The defendant upon the trial in various forms raised the question whether there could be a recovery in this action after the refusal of the plaintiff’s testator to arbitrate the claim for damages arising under the policy of insurance upon which it was brought.
The plaintiff sued upon a policy of insurance against loss by fire and lightning to the house of plaintiff’s testator. The policy contained the following provisions ; “ In case differences shall arise touching any loss or damage, after proof thereof has been received in due form, the matter shall, at the written request of…
2Cases cited2 opinions
- Morrell v. . Irving Fire Insurance Co.New York Court of Appeals · 1865
- Beals v. . the Home Insurance Co.New York Court of Appeals · 1867
3Cited by14 opinions
- Fire Ass'n v. RosenthalSupreme Court of Pennsylvania · 1885
- Home Mutual Insurance v. StewartSupreme Court of Colorado · 1940
- Williams v. Farm Bureau Mutual Insurance Co. of MissouriMissouri Court of Appeals · 1957
- Platt v. Ætna InsuranceIllinois Supreme Court · 1894
- Gage v. Connecticut Fire Ins. Co., of Hartford, Conn.Supreme Court of Oklahoma · 1912
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