Adams v. South British & National Fire & Marine Insurance Companies of New Zealand

Citations

• 70 Cal. 198
• 11 P. 627
• 1886 Cal. LEXIS 761

Syllabus

<p>Fire Insurance—Policy—Conditions fob Arbitration—Premature Action. —The action was brought upon a policy of fire insurance to recover the amount of a loss. The policy contained certain conditions and stipulations, quoted in the opinion, which provided in effect that if the amount of the loss could not otherwise be adjusted to the satisfaction of the parties, it should be adjusted by a mode of arbitration therein prescribed, and that until such adjustment, or a fair effort on the part of the insured to obtain it, no action could be maintained by the insured to recover for a loss. No arbitration or award to determine the amount of the loss in question was ever had, nor any demand made therefor by the insured. Held, that the action could not be maintained.</p>