Atlas Assurance Co. v. Williams

1. A stipulation in a policy of fire insurance that “In the event of disagreement as to the amount of loss or damage, the same must be determined by competent and disinterested appraisers before recovery can be had hereunder” does not make such appraisal a condition precedent to a suit upon the policy, even though the company and the insured disagree as to the amount of the loss. Liverpool do. Insurance Co. v. Creighton, 51 Ga. 95; Goldberg v. Provident Washington Ins. Co., 144 Ga. 783 (87 S. E. 1077).(a) Even if such stipulation were construed as a condition precedent, the company waived it,…