Legal Opinion

Dufresne v. Marine Insurance

Supreme Court of Minnesota

Decided December 21, 1923No. 23,535PublishedCited by 8 opinions

Action in the district court for Stearns county to set aside an award and to recover $1,200 on defendant’s insurance policy. The case was tried before Roeser, J., who made findings, found the value of plaintiff’s car to be $1,200, as decided by the jury, vacated the award and ordered judgment for $1,200. From the judgment entered pursuant to the verdict and order for judgment, defendant appealed.

1Opinion of the CourtHolt, J.

Plaintiff’s automobile was insured by defendant against theft. It was stolen. The policy provided for an appraisal of the loss by three disinterested persons, one to be named by the assured, one by *392the assurer, and the two to name a third. This was done. The appraisers met and determined plaintiff’s loss to he $600. Plaintiff was not informed of the meeting and was not present or represented thereat. He sued, asking that the award be set aside upon the ground, among others, that he had had no opportunity to present his case to the appraisers, and also that he recover the actual loss…

2Cases cited17 opinions

  1. Levine v. Lancashire InsuranceSupreme Court of Minnesota · 1896
  2. Mosness v. German-American Insurance Co. of New YorkSupreme Court of Minnesota · 1892
  3. Hall v. Norwalk Fire InsuranceSupreme Court of Connecticut · 1888
  4. Continental Ins. v. GarrettCourt of Appeals for the Sixth Circuit · 1903
  5. Schreiber v. German-American Hail InsuranceSupreme Court of Minnesota · 1890

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3Cited by8 opinions

  1. Agricultural Insurance Co. of Watertown v. BiltzNevada Supreme Court · 1937
  2. Casualty Indem. Exchange v. YotherSupreme Court of Alabama · 1983
  3. Creekview of Hugo Ass'n, Inc. v. Owners Ins. Co.District Court, D. Maine · 2019
  4. Lee v. TysdalSupreme Court of Minnesota · 1925
  5. Creekview of Hugo Association, Inc. v. Owners Insurance CompanyDistrict Court, D. Minnesota · 2019

3 more not listed; retrieve them via the Exa API.

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