Continental Ins. v. Garrett
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Middle District of Tennessee. This is a bill to set aside an award made by appraisers appointed under the usual clause to' that effect in a policy of fire insurance. The subject of insurance was a dwelling house situated in Carthage, Tenn.
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Appeal from the Circuit Court of the United States for the Middle District of Tennessee. This is a bill to set aside an award made by appraisers appointed under the usual clause to' that effect in a policy of fire insurance. The subject of insurance was a dwelling house situated in Carthage, Tenn. The contract insured against loss and damage to the extent of $5,000. The loss was appraised at $3,409.72. The insured, claiming that his loss and damage was $5,000, filed this bill, attacking the award upon several grounds. Upon the pleadings and evidence, the court below held the award void, and…
1Opinion of the Court
LURTON, Circuit Judge.
1. The policy provided that in default of an agreement the loss should be ascertained by “two competent and disinterested appraisers,” one to be selected by each party, and an umpire selected by the two thus chosen, to whom any differences should be submitted. It also provided that the appraisers should together “estimate and appraise the loss, stating separately sound value and damage.” A disagreement as to amount of loss having occurred, appraisers were chosen; the insurers selecting one, and the insured another, and these two selecting a third as umpire. The…
2Cases cited14 opinions
- Ober v. GallagherSupreme Court of the United States · 1876
- Lutz v. LinthicumSupreme Court of the United States · 1834
- Hall v. Norwalk Fire InsuranceSupreme Court of Connecticut · 1888
- Elmendore v. HarrisCourt for the Trial of Impeachments and Correction of Errors · 1840
- Ward v. ToddSupreme Court of the United States · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Patriotic Order Sons of America Hall Ass'n v. Hartford Fire InsuranceSupreme Court of Pennsylvania · 1931
- Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
- St. Paul Fire & Marine Insurance v. KirkpatrickTennessee Supreme Court · 1913
- Firemen's Fund Ins. v. Flint Hosiery Mills, Inc.Court of Appeals for the Fourth Circuit · 1935
- Citizens Bldg. of West Palm Beach, Inc. v. Western Union Tel. Co.Court of Appeals for the Fifth Circuit · 1941
28 more not listed; retrieve them via the Exa API.