Kirkham v. German American Insurance

Citations

• 92 Kan. 941
• 141 P. 1012
• 1914 Kan. LEXIS 346

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Arbitration and Award — Misconduct of Arbitrators — Award Set Aside. An arbitration and award of the loss suffered by the owner of insured property on account of a fire may be set aside or disregarded upon a showing of a refusal to consider a material portion of the property lost or damaged, an intent to make the award so low that the insurer would not object, a requirement of the appraisers, acceded to, that the umpire confine his estimates within the limits fixed by them, and an allowance of less than half the loss, which allowance the insured notified the arbitrators in advance he would repudiate.</p> <p>2. Same — Independent Judgment of Each Arbitrator Required. An agreement that the appraisers should submit their differences to the umpire means that upon their failure to agree upon certain items such items should be submitted to him for his independent judgment, the parties to an arbitration being entitled to the judgment of each arbitrator acting in the matter.</p>