Royal Insurance v. Ries

Citations

• 80 Ohio St. (N.S.) 272

Syllabus

<p>Condition in insurance policy — That disagreement as to loss be-determined by appraisers — Insured may sue on disagreement as to appraisement — Cannot recover 'larger amount than appraisenfent, when — Difference between appraisement and arbitration— Effect of appraisers refusing to hear evidence.</p> <p>1. Where in a policy of insurance it is made a condition precedent that in case of .disagreement as to the amount of loss it shall be determined by appraisement, the insured may bring suit upon the policy, averring' in his petition the performance of all conditions on his part, and when the insurer pleads in 'its. answer the disagreement and the determination of the amount by appraisement, and the provisions of the policy as to concurrent insurance, the amount the plaintiff may recover is limited to a proportionate amount of the loss so determined, and he cannot recover a larger amount unless the appraisement is void or is set aside. • If it is void, he may plead its invalidity in his reply, but if it is only voidable he should in his petition unite a cause of action to set it aside.</p> <p>2. The provision in a standard fire insurance policy that “In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested rtmpire; the appraisers together shall then estimate and appraise the loss, stating, separately sound value- and damage, and, failing to agree, shall submit their differences to the umpire; and the award in writing of any two shall determine the amount of such loss; the parties thereto shall pay the appraiser respectively selected by them and shall beat equally all expenses of the appraiser and umpire,” is a pro.vision for an appraisement and not for an arbitration, and such submission is not to be judged by the strict rules applicable to arbitration and