Soars v. Home Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, in the form prescribed by the Pub. Sts. c. 119, § 139, against loss by fire, in the sum of $1000, for one year from June 8, 1883, upon certain machines, tools, and fixtures contained in a building in Newton.
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Contract upon a policy of insurance, in the form prescribed by the Pub. Sts. c. 119, § 139, against loss by fire, in the sum of $1000, for one year from June 8, 1883, upon certain machines, tools, and fixtures contained in a building in Newton. The policy contained, among others, the following clause : “ In case any difference of opinion shall arise as to the amount of loss under this policy, it is mutually agreed that the said loss shall be referred to three disinterested men, the company and the insured each choosing one out of three persons to be named by the other, and the third being…
1Opinion of the Court
By the Court.
The jury have found that the award which the defendant relies on is invalid. It can therefore have no effect upon the rights of the parties.
But if it had been a valid award, it could not, as contended by the defendant, prevent the plaintiff from maintaining his suit upon the policy. The award has reference merely to the damages. The agreement of submission merely refers to arbitrators the appraisal and estimate of the damage by fire to the plaintiff’s property, and expressly provides that the award shall have no reference to any other question or matter of difference, and shall…
2Cited by7 opinions
- Stockton Combine Harvester & Agricultural Works v. Glen's Falls Co.California Supreme Court · 1893
- Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
- Platt v. Ætna InsuranceIllinois Supreme Court · 1894
- Fox v. Employers' Fire InsuranceMassachusetts Supreme Judicial Court · 1953
- Oakes v. Franklin Fire InsuranceSupreme Judicial Court of Maine · 1923
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