Simmons v. Home Insurance

Appellant insured two buildings for appellee in the sum of $3,000 and during the term of the policy they were totally destroyed by fire. To a declaration in the usual form the general issue and seven special pleas were pleaded. The trial resulted in a verdict and judgment for $2,500. The first special plea was to the effect that the determination of the amount of the loss, by arbitration, was a condition precedent to a right of recovery and that there had been no arbitration. By the terms of the contract no arbitration was required except in case the parties disagreed as to the amount of the…