Schouweiler v. Merchants' Mutual Insurance

Citations

• 11 S.D. 401
• 78 N.W. 356
• 1899 S.D. LEXIS 11

Syllabus

<p>1. An insurer, failing to appoint an appraiser to assist in adjusting-a loss by arbitration, according to a provision of the policy, after insured had twice requested him to'do so, and then agreeing to a subfnission not in accordance with the policy, thereby waives a condition of the policy requiring a determination of the amount of the loss by arbitration.</p> <p>2. In an action on an insurance policy, where defendant pleads failure to arbitrate, as provided, by the policy, letters by plaintiff to defendant asking' an arbitration are admissible to show good faith.</p>