National Fire Insurance v. O'Bryan
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. This was an action on a fire insurance policy, and the insured, the Misses O’Bryan, recovered. The company, after the fire, called into operation the appraisement clause of the policy. The insured selected T. W. Gibbs as appraiser, and the company selected Beattie, and an agreement was drawn and signed by the company, but it was not consummated.
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Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. This was an action on a fire insurance policy, and the insured, the Misses O’Bryan, recovered. The company, after the fire, called into operation the appraisement clause of the policy. The insured selected T. W. Gibbs as appraiser, and the company selected Beattie, and an agreement was drawn and signed by the company, but it was not consummated. Gibbs made an estimate of the injury to the building, at the instance of Charles O’Bryan, the brother and representative of the Misses O’Bryan, and was paid for his…
1Opinion of the Court
Hill, C. J.,
(after stating the facts.) The proper constru'ction to place on the term “competent and disinterested appraiser,” within the meaning of the appraisal clause of a standard fire insurance policy, is the sole question presented to the court in this appeal by the appellant.
The appellant contends that if the person offered as appraiser had already made a computation of the loss at the request of the insured he was not a disinterested appraiser. The argument is that he must come to the discharge of his duties without preconceived opinions as well as without bias and prejudice.
The…
2Cases cited6 opinions
- Bradshaw v. Agricultural Insurance of WatertownNew York Court of Appeals · 1893
- Continental Insurance v. Vallandingham & GentryCourt of Appeals of Kentucky · 1903
- Vincent v. Germah InsuranceSupreme Court of Iowa · 1903
- Kaiser v. Hamburg-Bremen Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Bullman v. North British & Mercantile InsuranceMassachusetts Supreme Judicial Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Niagara Fire Insurance v. BoonSupreme Court of Arkansas · 1905
- Farmers' Conservative Mutual Insurance v. NeddoIndiana Court of Appeals · 1942
- Coon v. National Fire InsuranceNew York Supreme Court · 1925
- In Re New England Power CorporationSupreme Court of Vermont · 1931