In re American Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
McAvoy, J.:
The grievance of the appellant here is that an order directing arbitration under the appraisal clause in a standard fire insurance policy, which was granted below, is not warranted by the section of the Arbitration Law which permits compulsory enforcement of an agreement to arbitrate when contained in a contract.
The holding asked for is that the appraisal of the loss or damage resulting from fire, where the paities disagree as to the amount of loss incurred by the insured, cannot be compelled as though it were an agreement to arbitrate, because there is reserved to the insurer the…
2Cases cited6 opinions
- Strome v. London Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1897
- Fleming v. Phoenix Assurance Co.New York Supreme Court · 1894
- Townsend v. Greenwhich InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Townsend v. . Greenwich Ins. Co. of the City of New YorkNew York Court of Appeals · 1904
- Strome v. . London Assurance CorporationNew York Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Matter of Delmar Box Co.(ætna Ins. Co.)New York Court of Appeals · 1955
- Shanferoke Coal & Supply Corp. of Delaware v. Westchester Service Corp.Court of Appeals for the Second Circuit · 1934
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- Isaac v. Donegal & Conoy Mutual Fire Ins.Supreme Court of Pennsylvania · 1930
- Shepard & Morse Lumber Co. v. CollinsOregon Supreme Court · 1953
9 more not listed; retrieve them via the Exa API.