Fritz v. British America Assurance Co.

Citations

• 208 Pa. 268
• 57 A. 573
• 1904 Pa. LEXIS 743

Syllabus

<p>Insurance — Fire insurance — Limitation as to time of suit — Waiver— Arbitration.</p> <p>Where, a policy of fire insurance provides that no suit shall be maintained “ unless commenced within twelve months next after the fire,” and also provides that in case of disagreement the loss shall be ascertained by two appraisers appointed by the parties and by an umpire selected by the appraisers, and the policy also further provides that the company “ shall not be held to have waived' any provision or condition of this policy,” by any act on its part relating to the appraiser, the insured is not barred from maintaining a suit commenced more than a year after the fire, where it appears that at the request of the company arbitrators were appointed, and that the arbitrators, without any fault on the part of the insured, failed to agree, and never made any appraisement.</p> <p>Mr. Chief Justice Mitchell and Mr. Justice Brown dissent.</p>