Kersey v. Phœnix Insurance
Michigan Supreme Court
Error to Labe; McAlvay, J. Assumpsit by Albert Kersey against the Phoenix Insurance Company of Hartford, Connecticut, on a policy of insurance. From a judgment for defendant on verdict directed by the court, plaintiff brings error.
1Opinion of the CourtCarpenter, J.
February 14, 1902, certain personal property belonging to plaintiff was burned. This suit is brought to recover on an insurance policy covering said property, issued to plaintiff by defendant. A verdict was directed for defendant on the ground that arbitration proceedings were pending and undetermined when suit was commenced. The sole question for our consideration re-’ lates to the correctness of this ruling. The facts are these: The policy — which was a Michigan standard policy — contained these provisions:
“ In the event of disagreement as to the amount of loss, the same shall, as above…
2Cases cited2 opinions
- Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
- Chippewa Lumber Co. v. Phenix InsuranceMichigan Supreme Court · 1890
3Cited by4 opinions
- Gray v. Reliable Ins. Co.Supreme Court of Oklahoma · 1910
- Shapiro v. Patrons' Mutual Fire Insurance Co.Michigan Supreme Court · 1922
- Levine v. LevineDistrict Court, D. Delaware · 1962
- Baumgarth v. Firemen's Fund InsuranceMichigan Supreme Court · 1908