Jerrils v. German American Insurance

Citations

• 82 Kan. 320
• 108 P. 114
• 1890 Kan. LEXIS 5

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fire Insurance — Appraisers—Failure to Agree — Action on the Policy. Under a fire-insurance policy providing that in the event of a disagreement as to the amount of the loss each party shall appoint an appraiser and the two appraisers shall select án umpire and appraise the loss, and that no action shall be maintained on the policy until such appraisement has been made, the insured discharges his obligation in that respect when he appoints an appraiser in good faith; and, where the two appraisers fail to agree upon an umpire and the appraisement fails without the fault of the insured, he is not required to propose the selection of other appraisers, but may maintain an action upon the policy.</p> <p>2. -Pleadings — -Admissibility of Evidence. In an action upon a fire-insurance policy the petition, after alleging the issuance of the policy, the payment of the premium and a loss by fire, alleged due performance of the conditions of the policy on the part of the insured. The answer alleged that after the fire occurred a disagreement arose as to the amount of the loss, and that the same had never been ascertained by appraisers, as provided by the policy. The reply was a general denial. Held, that under the pleadings it was proper for the plaintiff to show that he appointed an appraiser in good faith and that the two appraisers were unable to agree upon an umpire, for which reason no appraisement was made.</p>