Agricultural Insurance v. Holter

This was a suit on a fire insurance policy on plaintiffs’ dwelling house to recover for loss and damage to the house caused by fire and smoke, and for penalty of 25% under our statute for insurer’s bad faith refusal to pay (T. C. A. sec. 56-1105).

Defendant insurer filed a plea averring that plaintiffs’ suit was not maintainable because defendant had demanded an appraisal of the loss and damages, and appraisers and an umpire had been appointed, but the appraisal had not been made. Defendant further pleaded non assumpsit, nil debit, and that plaintiff had not submitted proof of loss.

The case…