Hartford Fire Ins. Co. v. Jones, 41012
| Decision Date | 02 February 1959 |
| Docket Number | No. 41012,41012 |
| Citation | 235 Miss. 37,108 So.2d 571 |
| Parties | HARTFORD FIRE INSURANCE COMPANY v. Wauree JONES. |
| Court | Mississippi Supreme Court |
McGehee & McGehee, Meadville, for appellant.
Chas. H. Herring, Meadville, for appellee.
The appellant issued to the appellee a policy of fire insurance covering one National-Auto Home, masonite and plywood, for the period from December 14, 1951, to December 14, 1952. The house trailer in question was practically totally destroyed by fire on or about August 31, 1952, and was insured for a sum not to exceed $2,000.
This policy contained the standard appraisal clause as to how the amount of loss was to be determined, which clause is as follows:
On September 15, 1956, appellant and appellee entered into an agreement whereby they each appointed one appraiser to appraise the loss and the two appraisers thus appointed selected an umpire. One of the appraisers and the umpire fixed the value of the property at $2,650. The Insurance Company's appraiser would not agree to this appraisal. On March 26, 1957, the appellee filed in the circuit court what he styled as 'Motion to confirm arbitration and award loss under insurance policy' in the amount of $2,000, this being the limit of the Company's liability.
The appellant filed an answer to the motion and also made a 'Motion to vacate arbitration award.'
The circuit court entered an order confirming the so-called arbitration award and gave the appellee judgment against appellant in the amount of $2,000.
Both sides have briefed this case on the theory that the report of the appraisers constituted an award under an arbitration agreement. It seems that all of the lawyers and the court completely overlooked the fact that the report of the appraisers is not an arbitration award. In 3 Am.Jur., Arbitration and Award, Sec. 3, at pp. 830-831, the distinction between the two is made quite clear. The report of appraisers fixing the amount of a fire loss is not an arbitration and award. We quote from the text cited: ...
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IP TIMBERLANDS OPERATING CO. LTD. v. Denmiss
...in determining if the parties' agreement actually contemplated arbitration instead of appraisal. In Hartford Fire Insurance Company v. Jones, 235 Miss. 37, 108 So.2d 571, 572 (1959), this Court Both sides have briefed this case on the theory that the report of the appraisers constituted an ......
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Friday v. Trinity Universal of Kansas
...Ind.App. at 37, 309 N.E.2d 810, emphasized the distinction between appraisal and arbitration, quoting Hartford Fire Insurance Co. v. Jones, 235 Miss. 37, 41-42, 108 So.2d 571 (1959): " 'Appraisement, in particular, is perhaps most often confused with arbitration. While some of the rules of ......
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Munn v. National Fire Ins. Co. of Hartford, 41206
...but not to embrace the question of ownership or any other matter which goes to the root of the cause of action.' In Hartford Fire Ins. Co. v. Jones, Miss., 108 So.2d 571, 572, appears a splendid discussion of the effect of an appraisal in Mississippi. We quote the following from that 'Both ......
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Jupiter Aluminum Corp. v. Home Ins. Co.
...amount of loss, not liability, is determined. As stated in Atlas, 160 Ind. App. at 37, 309 N.E.2d 810 (quoting Hartford Fire Insurance Co. v. Jones, 235 Miss. 37, 108 So.2d 571 Southern 2d 571, 572 Appraisement, in particular, is perhaps most often confused with arbitration. While some of t......
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CHAPTER 10
...are not arbitrators in Munn v. Nat’l Fire Ins. Co. of Hartford, 115 So. 2d 54 (Miss. 1959) and in Hartford Fire Ins. Co. Jones, 108 So. 2d 571 (Miss. 1959). In New York, the appraisal clause was found not to be an arbitration provision in Delmar Box Co. v. Aetna Ins. Co., 309 N.Y. 60, 127 N......