German-American Insurance v. Steiger

Citations

• 109 Ill. 254

Syllabus

<p>1. Insurance—of an appraisement in case of loss—whether necessary— and whether there must be a request. Where' a policy of insurance against loss by fire provides that “loss or damage to property totally or partially destroyed, unless the amount of such loss or damage is agreed upon between the assured and the company, shall, at the written request of either party, be appraised and determined by disinterested and competent persons,” etc., no appraisal and award of the loss or damage are essential to a recovery for the same unless a written request of one of the parties is first made. Such request is a condition precedent to such appraisal and award.</p> <p>2. Same—increase of risk—evidence in respect thereto. In a suit on a policy of insurance to recover for a loss by fire-of buildings and machinery used for the manufacture of hominy and meal, in which an increase of the risk was set up in defence, caused by the substitution of a fire-dryer instead of a steam-dryer without permission of the insurer, the court permitted witnesses for the plaintiff to testify to the circumstances of the actual use of the fire-dryer: Held, that the evidence was admissible upon the strict question of increase of risk, as showing whether the fire-dryer, as constructed and as used and managed, increased the risk.</p> <p>3. On the question whether the substitution of a fire-dryer in lieu of a steam-dryer in buildings used for the manufacture of hominy increased the risk of the insurer, the policy being silent as to the kind of a dryer to be used, when the court has received in evidence all facts tending to show an increase of risk, and the witness’ opinions on the question, with their reasons, there is no error in refusing to admit evidence of the customary method of drying, or that the risk is uninsurable after the introduction of a fire-dryer.</p> <p>4. A fire-dryer for drying hominy will be considered as embracing its appurtenances, and its mode of use in connection with the works as