Niagara Ins. v. Bishop
Appellate Court of Illinois
Memorandum.—Action on j>olioy of insurance. Appeal from the Circuit Court of Kane County; the Hon. Henry B. Willis, Judge, presiding. Heard in this court at the May term, A. D. 1893, and affirmed. Statement of Facts by the Ooubt.
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Memorandum.—Action on j>olioy of insurance. Appeal from the Circuit Court of Kane County; the Hon. Henry B. Willis, Judge, presiding. Heard in this court at the May term, A. D. 1893, and affirmed. Statement of Facts by the Ooubt. On the 4th of January, 1891, appellant issued a policy of insurance to appellee insuring him against loss by fire to his ice house building on the bank of Fox Eiver, near Elgin, until the 4th of July, 1892, to the amount of $1,000. The policy contained the following provisions s “ This company shall not be liable beyond the actual cash value of the property at the…
1Opinion of the Court
Opinion of toe Court,
Harker, P. J.
The main question involved in this controversy, is the one raised by the special pleas, that the action was commenced before the appraisal undertaken by appraisers appointed ■was completed, and while such appraisal was pending, and the special replication that the completion of the appraisal was defeated by the delay and unfair action of the company and its refusal without sufficient cause to complete the same.
The appraisal clause in the contract of insurance provided that in the event of a disagreement as to the amount of loss between the insured and the…
2Cases cited4 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Johnson v. Humboldt InsuranceIllinois Supreme Court · 1878
- O'Neill v. JamesMichigan Supreme Court · 1904
- Adams v. South British & National Fire & Marine Insurance Companies of New ZealandCalifornia Supreme Court · 1886
3Cited by3 opinions
- Phœnix Insurance v. Lorton & Co.Appellate Court of Illinois · 1903
- Geraci v. SultanAppellate Court of Illinois · 1932
- Fire Ass'n v. AppelOhio Superior Court, Cincinnati · 1907