Dunn v. Springfield Fire & Marine Ins.

Citations

• 109 La. 520
• 33 So. 585
• 1902 La. LEXIS 156

Syllabus

<p>INSURANCE — APPRAISEMENT — APPEAL, — REVIEW — PREPONDERANCE OF EVIDENCE.</p> <p>1. Where a policy of insurance calls for appraisement, whereby the loss sustained may be easily ascertained while yet recent, and the insurer declines to submit thereto, it is hardlyJn a position to complain of the doubt and uncertainty which subsequently arise, and to which it contributed by the refusal of appraisement.</p> <p>2. The decision of the judge of the first instance, who saw and heard the witnesses, always of great advantage, and particularly so where conflict of testimony exists, is generally allowed to prevail upon questions of fact, unless manifestly erroneous.</p> <p>3. Where plaintiffs have substantially met the burden of proof, which was upon them to show the loss sustained, making their case fairly certain, they are not to be defeated simply because there remains room for doubt, even reasonable doubt. A preponderance of evidence determines issues of fact in civil causes.</p> <p>(Syllabus by the Court.)</p>