Cowles v. Connecticut Fire Insurance

Citations

• 113 Kan. 532
• 215 P. 308
• 1923 Kan. LEXIS 149

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fire Insurance — Appraisers— Failure to Agree — Action on Policy. Under an insurance contract providing that in case of a disagreement of parties as to the amount of the loss each shall appoint an appraiser, and the two appraisers shall select an umpire and appraise the loss, and that an action on the policy will not lie until such appraisal is made, the insured who appoints an appraiser in good faith and the appraisal fails through a disagreement of the appraisers as to an umpire without fault of the insured, he has discharged his obligation and satisfied the requirements of the policy and may then resort to the courts to have his loss determined, following Jerrils v. Insurance Co., 82 Kan. 320, 108 Pac. 114.</p> <p>2. Same — Failure to Agree Upon Appraisers — Fault of Insurer. Wheré the appraiser appointed by the insured proposes several persons for umpire who reside in the city where the fire occurred and the appraiser appointed by the insurer arbitrarily refuses to accept any one residing in that place, regardless of his competency or fairness, and insists than an umpire .shall ' be selected from another locality, the investigation of whose fitness would occasion delay and expense, the failure of an appraisement cannot be regarded as the fault of the insured and he is warranted in treating the condition as waived or abandoned.</p> <p>3. Same — Evidence—Verdict. The evidence as to the extent of the loss examined, and held to be sufficient to uphold the verdict of the jury.</p>