Jones v. Orient Insurance
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Eon. B. G. Thurman, Judge. An appraiser, or the party he is representing, cannot through him blow hot and cold. He cannot remain in and conduct an appraisal, though some of the things at the time may not suit him, for the purpose of accepting the result, if satisfactory, and kicking over the award if .it is not as large as he thought it would be or desired. Robertson v. Lion Ins. Co., 73 Fed. 928; Stemmer v. Ins.
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Appeal from Vernon Circuit Court. — Eon. B. G. Thurman, Judge. An appraiser, or the party he is representing, cannot through him blow hot and cold. He cannot remain in and conduct an appraisal, though some of the things at the time may not suit him, for the purpose of accepting the result, if satisfactory, and kicking over the award if .it is not as large as he thought it would be or desired. Robertson v. Lion Ins. Co., 73 Fed. 928; Stemmer v. Ins. Co., 33 Ore. 65, 53 Pac. 498; Anderson v. Burckett, 48 Kas. 153, 29 Pac. 315. In an appraisement of a loss, it is the duty of the appraisers and…
1Opinion of the CourtTrimble, J.
Respondent sued on a policy of insurance covering an automobile which had been damaged by fire. The petition placed the damages at *404$457.30. The answer admitted the fire but set up that under an appraisement and arbitration made by appraisers appointed pursuant to the terms of the policy, the damages had been appraised at $205 by whi$i respondent was bound, and an offer was made to allow judgment to be entered for that amount. The amended reply charg'ed bad faith and misconduct on the part of the appraiser selected by the insurance company whereby the award was rendered grossly inadequate,…
2Cases cited3 opinions
- Insurance Co. of North America v. HegewaldIndiana Supreme Court · 1903
- Fowble v. Phoenix InsuranceMissouri Court of Appeals · 1904
- Home Insurance v. M. Schiffs' SonsCourt of Appeals of Maryland · 1906
3Cited by3 opinions
- Boyles v. BurnettMissouri Court of Appeals · 1923
- Phoenix Assurance Company of New York v. SingerDistrict Court, E.D. Missouri · 1963
- Camden Fire Ins. Ass'n v. WalkerSupreme Court of Oklahoma · 1925