Ross v. Hardware Mutual Casualty Co.

Walter, R. Hart, J.

The provision in the policy for an appraisal of the injuries suffered by petitioners does not constitute an agreement to arbitrate all disputes arising under the contract of insurance. Since the respondent contests the allegations of the petition that all conditions precedent have been complied with, it would not be within the province of the appraisers to resolve that question. An agreement for appraisal as an incident to a contract is not a basis for an arbitration proceeding within section 1448 of the Civil Practice Act. (Matter of Delmar Box Co. [Ætna Ins. Co.], 309 N.…