Barry v. Farmers' Mutual Hail Ass'n
Supreme Court of Iowa
Appeal from Wright District Court. — Hon. S. M. Weaver, Judge. Action to recover damage to growing crops. Trial to jury, and verdict and judgment for the plaintiff. The defendant appeals.
1Opinion of the CourtSherwin, J.
1 In the policy issued to the plaintiff it is provided! that the loss in all cases shall be considered the difference between the amount grown on the damaged tract and a fair average of the same kind grown on an equal tract in the immediate neighborhood where no damage was sustained, and, in case of disagreement as to the amount of the loss, “it shall be settled by arbitration as follows.” There was no attempt at arbitration, and the appellant urges that no evidence as to the amount of loss *187was competent, because thereof. Arbitration of the amount of the loss was not made a condition…
2Cases cited3 opinions
- Gere v. Council Bluffs Ins.Supreme Court of Iowa · 1885
- Lesure Lumber Co. v. Mutual Fire InsuranceSupreme Court of Iowa · 1897
- Barry v. Farmers' Mutual Hail InsuranceSupreme Court of Iowa · 1900
3Cited by2 opinions
- North Glenn Homeowners Association v. State Farm Fire & Casualty CompanyCourt of Appeals of Iowa · 2014
- McIlrath v. Farmers Mutual Hail InsuranceSupreme Court of Iowa · 1901