Silver v. . Western Assurance Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 31,1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. As a matter of law the defendant did not waive the right to an arbitration. (Vandergriff v. C. E. Co., 161 N. Y. 435; De Witt v. A. Ins.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 31,1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. As a matter of law the defendant did not waive the right to an arbitration. (Vandergriff v. C. E. Co., 161 N. Y. 435; De Witt v. A. Ins. Co., 157 N. Y. 353; Ronald v. M. R. F. L. Assur. Co., 132 N. Y. 378; Underwood v. F. J. S. Ins. Co., 57 N. Y. 500; Allen v. G. A.…
1Opinion of the Court
Parker, Ch. J.
The action is upon a standard insurance policy to recover for damages sustained by fire. In pursuance of one of the provisions of the policy the parties entered into a written agreement to submit to appraisers the fixing of the amount of damages sustained by the assured, but before the appraisers acted this action was commenced.
The defendant’s answer alleged as a defense that notwithstanding its demand for an appraisal of the loss, none had been made at the time of the commencement of the action, and both at the close of the plaintiff’s case and of the whole case, defendant…
2Cases cited1 opinion
- Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
3Cited by14 opinions
- Matter of Delmar Box Co.(ætna Ins. Co.)New York Court of Appeals · 1955
- Providence Washington Insurance v. WolfIndiana Supreme Court · 1907
- Chainless Cycle Manufacturing Co. v. Security Insurance Co. of New HavenNew York Court of Appeals · 1901
- Vernon Insurance v. MaitlenIndiana Supreme Court · 1902
- Townsend v. Greenwhich InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
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