Ætna Insurance v. Stevens

Citations

• 48 Ill. 31

Syllabus

<p>1. Arbitration and award—what not considered as an award. A policy of insurance provided that, “ if a difference of opinion should arise between the parties hereto, as to the amount of loss or damage, the subject shall be referred to two disinterested and competent men, each party to select one, (and in case of disagreement they to select a third,) who shall ascertain, estimate and appraise, the loss or damage, and their award in writing shall be binding on the parties.” A loss having occurred, H, an agent of the company, requested one F to select some one to make the appraisal for each party, whereupon R and P were selected, and thereupon H, R and P made an estimate in writing of such loss, which was signed by H and R only. These proceedings were without the sanction of S, the insured. Meld: in action by him to recover the loss, against the company, that this was not an award under the policy,—the proof showing that such arbitrators were not selected by the parties; that they were not 11 disinterested,” as H, one of them, was the agent of the company, and that P, another, was not “ competent,” he being a drinking fellow “ of no account.” That the pretended award was signed only by H and P, and that being signed by H, an interested party, robbed it of all validity.</p> <p>2. Accord and satisfaction—what is not. Nor in such case would a tender afterwards of the amount estimated to be due to S, the insured, amount to an accord and satisfaction, there being no proof that S agreed to such proceedings.</p> <p>3. Same—definition of. Accord is a satisfaction agreed upon between the party injuring and the party injured, which, when performed, is a bar to all actions upon this account.</p> <p>4. Insurance—in preliminary proofs—articles destroyed omitted from—may be recovered for in suit upon the policy—when such omission was inadvertent. When a party in making his preliminary proofs of loss, inadvertently omitted mention of certain articles which were destroyed, he may, i