Ross v. German Alliance Insurance

Citations

• 86 Kan. 145
• 119 P. 366
• 1911 Kan. LEXIS 199

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Arbitration—Setting Aside Award. In an action upon an insurance policy, where the issue was upon the validity of an award of arbitrators chosen under the terms of the policy, the fact that the amount of the loss as found by the court upon the trial greatly exceeded the amount found by the arbitrators, while not deemed sufficient proof of prejudice on the part of an arbitrator, is a circumstance to be considered together with his conduct during the proceedings and all the attendant circumstances in determining whether the award was fairly made.</p> <p>2. - Same. Upon an examination of the evidence tending to show misconduct on the part of the arbitrator appointed by the defendant, his long continued services in such business for this and other insurance companies, the great difference between the amount awarded and the actual loss as found by the court upon the trial, the refusal to examine part of the goods remaining after the fire, and the attendant circumstances, it is held that a finding of the district court upon which the award was held invalid can not be set aside.</p>