Baumgarth v. Firemen's Fund Insurance
Michigan Supreme Court
Error to Arenac; Sharpe, J. Assumpsit by Morris C. Baumgarth and Rudolph Baumgarth, copartners as Baumgarth Bros., against the Firemen’s Fund Insurance Company on a policy of insurance. There was judgment for plaintiffs, and defendant brings error. This suit is brought upon an insurance policy to recover the amount of a loss by fire. The property insured was a stock of goods.
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Error to Arenac; Sharpe, J. Assumpsit by Morris C. Baumgarth and Rudolph Baumgarth, copartners as Baumgarth Bros., against the Firemen’s Fund Insurance Company on a policy of insurance. There was judgment for plaintiffs, and defendant brings error. This suit is brought upon an insurance policy to recover the amount of a loss by fire. The property insured was a stock of goods. The policy, a standard policy provided by the law, contained the following provision: “ In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and…
1Opinion of the CourtGrant, C. J.
(after stating the facts). It is the established rule in this State that no right of action on the part of an insured exists until an appraisal provided for in the policy has been made. Chippewa Lumber Co. v. Insurance Co., 80 Mich. 116; Morley v. Insurance Co., 85 Mich. 212; Kersey v. Insurance Co., 135 Mich. 10.
The parties to this suit recognized this rule and each selected an appraiser in accordance with its terms, — Mr. Dickson for the plaintiffs, and Mr. Thomas for the defendant. They met. Each proposed several names, none, of which was satisfactory to the other. They finally agreed upon…
2Cases cited4 opinions
- Chippewa Lumber Co. v. Phenix InsuranceMichigan Supreme Court · 1890
- Vernon Insurance v. MaitlenIndiana Supreme Court · 1902
- Westenhaver Bros. v. German American InsuranceSupreme Court of Iowa · 1900
- Kersey v. Phœnix InsuranceMichigan Supreme Court · 1903
3Cited by9 opinions
- E. E. Tripp Excavating Contractor, Inc. v. Jackson CountyMichigan Court of Appeals · 1975
- Norwich Union Fire Ins. Soc., Limited v. CohnCourt of Appeals for the Tenth Circuit · 1933
- Schwier v. Atlas Assurance Co.Michigan Supreme Court · 1924
- Rott v. Westchester Fire InsuranceMichigan Supreme Court · 1922
- Riddell v. Rochester German InsuranceSupreme Court of Rhode Island · 1914
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