Denton v. Farmers' Mutual Fire Insurance
Michigan Supreme Court
Error to Wayne; Erazer, J. Assumpsit by Simeon C. Denton against the Farmers’ Mutual Fire Insurance Company of Monroe and Wayne counties on a policy of insurance. From a judgment for plaintiff, defendant brings error.
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Error to Wayne; Erazer, J. Assumpsit by Simeon C. Denton against the Farmers’ Mutual Fire Insurance Company of Monroe and Wayne counties on a policy of insurance. From a judgment for plaintiff, defendant brings error. This is a suit upon a policy of insurance commenced in justice’s court, and appealed to tbe circuit, where plaintiff recovered a verdict and judgment for $100. The defendant gave notice, with its plea of the general issue, that, under the charter of the defendant, plaintiff was barred from maintaining an action on the policy, because the auditors of said company had found and…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The correctness of the instruction depends upon the construction to be given to the terms of the policy. Does the policy clothe the board of auditors with power to determine all questions of liability under the policies issued, or only to determine the amount of loss or damage sustained? If the former be held, as counsel for defendant contends, the case might then be governed by Raymond v. Insurance Co., 114 Mich. 386, and authorities there cited. If the latter be held, the arbitration clause was waived, under the well-established rule. 2 Beach, Ins. § 1244; 2 May,…
2Cases cited3 opinions
- Raymond v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1897
- Western Horse & Cattle Insurance v. PutnamNebraska Supreme Court · 1886
- Bailey v. Ætna InsuranceWisconsin Supreme Court · 1890
3Cited by2 opinions
- Wells v. American States Preferred Insurance Co., Texas Court of Appeals, 5th District (Dallas)1996
- Rogers v. State Farm Fire and Cas. Co.Supreme Court of Alabama · 2007