Grand Rapids Fire Insurance v. Finn
Ohio Supreme Court
Error to the Circuit Court of Mahoning county. The action below was brought by Mary Finn against the Grand Rapids Fire Insurance Company, on a policy of insurance issued by the defendant by which the plaintiff was insured in the sum of six hundred dollars against loss or damage by fire on her household furniture, etc., for three years from the fifth day of December, 1895. The petition alleges a total loss of the property by fire while the policy was in force, due proof of…
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Error to the Circuit Court of Mahoning county. The action below was brought by Mary Finn against the Grand Rapids Fire Insurance Company, on a policy of insurance issued by the defendant by which the plaintiff was insured in the sum of six hundred dollars against loss or damage by fire on her household furniture, etc., for three years from the fifth day of December, 1895. The petition alleges a total loss of the property by fire while the policy was in force, due proof of the loss as required by the policy, and refusal of the defendant to pay. The answer sets up several defenses, only one of…
1Opinion of the CourtWilliams, J.
The effect of the charge for which the .judgment of the trial court was reversed, obviously was to preclude a recovery by the plaintiff, if the jury should find that she had failed to make demand for an ascertainment of the loss by an award of appraisers, and select a competent person to act as an appraiser, unless the defendant waived that mode of ascertainment, in some other way than by its failure to request an appraisement. *523And that purport of the charge is defended by counsel for the plaintiff in error, on the ground that the policy sued on makes such demand by the plaintiff a condition…
2Cases cited4 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Lesure Lumber Co. v. Mutual Fire InsuranceSupreme Court of Iowa · 1897
- Sergent v. Liverpool & London & Globe InsuranceNew York Court of Appeals · 1898
- National Home Building & Loan Ass'n v. Dwelling House InsuranceMichigan Supreme Court · 1895