Yates v. Cotton States Mutual Insurance Company

Bell, Presiding Judge.

Plaintiff brought this action against the defendant insurer to recover upon a fire insurance policy for loss caused by lightning which struck plaintiff’s residence. The petition revealed that plaintiff and the insurer had ascertained the amount of loss pursuant to policy provisions relating to arbitration only of the amount of loss. Since there was no agreement by the insurer to pay the amount of loss found by the appraisers, the appraisement did not constitute either a common law or a statutory arbitration, could not determine the insurer’s liability, and could not…