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· 3/15/1916

Providence — Washington Insurance v. Kennington

Citations

  • 111 Miss. 244
  • 71 So. 378

Syllabus

<p>Instjbawoe. Fire insurance. Appraisement.</p> <p>Where a fire insurance policy provided that in the event of disagreement as to the amount of a loss or damage it should be determined by competent and disinterested appraisers before recovery could be had and that the insured and insurers should each select an appraiser, and the two should select a competent and disinterested umpire, and in the event of their failure to agree as to the damage, the matter should be submitted to the umpire, and insured in good faith selected an appraiser, but he and the appraiser selected by the insurer were unable to agree on the amount of the damages or as to the umpire. In such case as the insured acted in good faith and as the policy did not provide for a second effort at appraisement, insured could sue on the policy for his damages, since the provision for appraisement being for the benefit of the insurer, it should be construed most strongly against it.</p>

Judges: Stevens

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