Herndon v. Imperial Fire Insurance
Supreme Court of North Carolina
This was a civil action brought on an insurance policy to recover for loss by fire, tried at June Term, 1891, of the Superior Court of Durham County, before Boykin, J. The issues and findings were as follows: “ 1. Has there been an arbitrament and award as to the amount of damages which plaintiffs could recover under this policy ? Ans. No award. 2. Did plaintiff file with defendant notice and proof of loss as required by the policy? Ans.
Read the full summary
This was a civil action brought on an insurance policy to recover for loss by fire, tried at June Term, 1891, of the Superior Court of Durham County, before Boykin, J. The issues and findings were as follows: “ 1. Has there been an arbitrament and award as to the amount of damages which plaintiffs could recover under this policy ? Ans. No award. 2. Did plaintiff file with defendant notice and proof of loss as required by the policy? Ans. No. 3. Did defendant waive notice and proof of loss? Ans. Yes. 4. What was the damage done by the fire to the property included in the policy? Ans. Nine…
1Opinion of the Court
Avery, J.:
The plaintiff and defendant selected each an appraiser, under a condition of the policy' which provided that, where they could not agree as to the amount of loss or damage,two appraisers might be so chosen, and a third added at the demand of either insurer or insured, to determine “ the sound value and loss or damage to the property 'partially or totally destroyed.” Another stipulation reserved to the company “the right to take the whole or any part of the property so damaged at the appraised value, or to repair, rebuild or replace the property lost or damaged with other of like…
2Cases cited15 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
- Devereux v. . McMahonSupreme Court of North Carolina · 1891
- Jones v. . CohenSupreme Court of North Carolina · 1880
10 more not listed; retrieve them via the Exa API.