Legal Opinion

Franklin v. New Hampshire Fire Insurance

Supreme Court of New Hampshire

Decided December 5, 1899PublishedCited by 6 opinions

Assumpsit, to recover on policies of insurance, and Petitions, by the insurers, for the appointment of arbitrators. Facts agreed. The policies. were in the standard form. The insurance was upon furnishing goods and clothing.

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Assumpsit, to recover on policies of insurance, and Petitions, by the insurers, for the appointment of arbitrators. Facts agreed. The policies. were in the standard form. The insurance was upon furnishing goods and clothing. The fire occurred February 4, 1899. On February 13, the parties agreed upon referees to adjust the loss, who proceeded in accordance with the submission until February 20, when the referee chosen by the insured withdrew and refused to participate further in the appraisal. On February 23, and before the appraisal was completed, the insured served upon the insurers’ agents,…

1Opinion of the CourtPeaslee, J.

The agreement of the parties to submit their differences to arbitration was revoked by the refusal of one of the arbitrators to act, and the notice given the insurers by the insured. It is the well-settled law of this state that either the refusal of the arbitrator to perform the duties necessary to carry out the purpose of the agreement, or the withdrawal from the compact of either party before the award is published, renders the agreement of no effect. Wright v. Cobleigh, 21 N. H. 339, 342; Kimball v. Gilman, 60 N. H. 54.

The contract of insurance contained the following provision : “ In…

2Cases cited4 opinions

  1. In Re School-Law ManualSupreme Court of New Hampshire · 1885
  2. Perry v. Dwelling-House InsuranceSupreme Court of New Hampshire · 1892
  3. Kimball v. GilmanSupreme Court of New Hampshire · 1880
  4. Tasker v. Insurance Co.Supreme Court of New Hampshire · 1878

3Cited by6 opinions

  1. First Ecclesiastical Society v. BesseSupreme Court of Connecticut · 1923
  2. Levi v. Palatine InsuranceSupreme Court of New Hampshire · 1910
  3. O'Rourke v. German InsuranceSupreme Court of Minnesota · 1906
  4. Salganik v. United States Fire InsuranceSupreme Court of New Hampshire · 1922
  5. Davis v. United States Health & Accident InsuranceSupreme Court of New Hampshire · 1905

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