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· 5/6/1911

American Steel Co. v. German-American Fire Ins.

Citations

  • 187 F. 730
  • 109 C.C.A. 478
  • 1911 U.S. App. LEXIS 4218

Syllabus

<p>Insurance (§ 574*) — Adjustment of Loss — Proceedings Under Provision • for Appraisal.</p> <p>A provision in an insurance policy that “in the event of disagreement as to the amount of loss the same shall * * * be ascertained by two competent and disinterested appraisers,” the company and the insured each selecting one, is an agreement for an appraisement, and not an arbitration, subject to the strict rules governing arbitration and awards;' and, there being no requirement for notice nor necessity for witnesses, an appraisement is not vitiated by the mere fact that the appraisers met without notice to the company, while officers of the insured corporation were present and pointed out the damaged property, where there is no suggestion of undue influence or bad faith, and the appraisers made their valuation on their own knowledge of the subject..</p> <p>[Ed. Note.- — For other cases, see Insurance, Cent. Dig. §§ 1430-1432; Dec. Dig. § 574.*]</p>

Judges: Buffington

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