Legal Opinion

Wicking v. Citizens' Mutual Fire Insurance

Michigan Supreme Court

Decided December 6, 1898PublishedCited by 3 opinions

Error to Shiawassee; Smith, J. Assumpsit by Frank E. Wicking and Frederick J. Storrer, copartners as Wicking & Storrer, against the Citizens’ Mutual Fire Insurance Company, of Jackson, on a policy of insurance. From a judgment for plaintiffs, defendant brings error.

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Error to Shiawassee; Smith, J. Assumpsit by Frank E. Wicking and Frederick J. Storrer, copartners as Wicking & Storrer, against the Citizens’ Mutual Fire Insurance Company, of Jackson, on a policy of insurance. From a judgment for plaintiffs, defendant brings error. This is an action to recover for a loss by fire under a policy of insurance issued November 17, 1895, the fire occurring about midday January 1,1896. The policy was for $1,000. The goods were insured in eight other companies, for $8,500. The defendant and the other companies were promptly notified of the fire. The secretary and…

1Opinion of the CourtGrant, C. J.

(after stating the facts). 1. Plain» *647tiffs’ counsel contend that the submission to arbitration was not under the policy, but outside of it, and that it must stand on the general ground of a common-law arbitration. In support of this, they cite Connecticut Fire Ins. Co. v. Hamilton, 8 C. C. A. 114, 59 Fed. 258, which is cited with approval in Hamilton v. Phoenix Ins. Co., 9 C. C. A. 536, 61 Fed. 385, and Harrison v. German-American Fire Ins. Co., 67 Fed. 585. The appraisal demanded in that case was not such as the policy called for. All the companies in that case made a joint demand, but the…

2Cases cited3 opinions

  1. Connecticut Fire Ins. v. HamiltonCourt of Appeals for the Sixth Circuit · 1893
  2. Harrison v. German-American Fire Ins.U.S. Circuit Court for the Southern District of Iowa · 1895
  3. Babcock v. YoungMichigan Supreme Court · 1898

3Cited by3 opinions

  1. Emmons v. Lake States InsuranceMichigan Court of Appeals · 1992
  2. Miller v. Phoenix Assur. Co., Limited, of LondonNew Mexico Supreme Court · 1948
  3. Kavanagh v. St. Paul Fire & Marine InsuranceMichigan Supreme Court · 1928

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