Ross v. Phenix Insurance

Citations

• 84 Kan. 572
• 114 P. 1054
• 1911 Kan. LEXIS 371

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Action on the -Contract without First Suing to Set Aside Award of Arbitrators. Where a plaintiff in his petition sets up a contract of insurance, and alleges compliance with its conditions and also a loss which the defendant had refused to pay, and the defendant answers that under the contract an arbitration had been had and an award made, the amount of which had been tendered to and refused by the plaintiff, and the plaintiff replies that the award was not honestly made and is therefore not binding, the plaintiff has a right to have the court determine in that action the amount which he is entitled to recover on his policy without first bringing a separate action to have the award set aside.</p> <p>2. - Proofs of Loss — Waiver. A clause in the policy requiring that proofs of loss should be given a certain time before the action for the loss is brought is deemed to be waived when the insurance company, through its adjuster, proceeds to adjust the loss, and, upon a disagreement arising as to the amount of the loss, an arbitration is demanded by the company, to which both parties agree.</p>