Scottish Union & Nat. Ins. Co. v. Clancy
| Decision Date | 29 May 1888 |
| Citation | 8 S.W. 630 |
| Parties | SCOTTISH UNION & NAT. INS. CO. v. CLANCY. |
| Court | Texas Supreme Court |
Crawford & Crawford, for appellant. R. E. Cowart, for appellee.
Appellant, by its policy of insurance, issued to appellee, contracted to insure him against loss or damage by fire to his stock of merchandise in the sum of $1,000, or not exceeding the value of the loss or damage. Appellee's stock was damaged by fire, and immediately thereafter he gave notice to the local agent of appellant, who, with the adjuster for the company, visited the premises, inspected the stock, and adjusted the damage upon a portion of the goods. Failing to agree in their estimates of damage, the attempt at adjustment was abandoned, and the adjuster, who was also the adjuster for another company carrying $1,000 insurance upon the same goods, offered appellee $850 in settlement of his claims against the two companies. The proposition was declined; and this suit was brought July 25, 1884, to recover the amount of the policy. The attempt to adjust the damage was made on the 20th of May, 1883. On the 29th of the same month, appellee handed to the local agent of appellant an inventory of the goods which were claimed to have been damaged and destroyed by fire, amounting to $3,125.52. This inventory was sworn to as being complete and correct. On the 19th of May, and again on the 22d of May, appellant's adjuster made written demand on appellee for an appraisement of the loss under the terms of the policy, and in each demand notified appellee that the company did not waive compliance with any of the requirements of the policy. Appellee refused to submit to an arbitration or appraisement of the amount of damage and loss. No formal proofs of loss were furnished by appellee, as required by the policy. The policy of insurance contains the following stipulations: "Loss or damage to property partially or totally destroyed, unless the amount of said damage is agreed upon between the assured and the company, shall be appraised by disinterested and competent persons, one to be selected by the company, and one by the assured; and, when either party demand it, the two so chosen may select an umpire to act with them, in case of disagreement; and, if said appraisers fail to agree, they shall refer the differences to said umpire; each party to pay their own appraiser, and one-half of the umpire's fee; and the award of any two, in writing, shall be binding and conclusive as to the amount of such loss or damage." And also: "And upon each article the damage shall be separately appraised, * * * and the report of the appraisers, in writing, under oath, shall form a part of the proofs of loss hereby required; and, until such proofs * * * are produced * * * and appraisal permitted, the loss sustained shall not be payable." The policy contains the further provision that "the amount of loss or damage * * * to be paid to assured, or his legal representatives, sixty days after due notice and satisfactory proofs of the same are made by the assured, and received at their office in Hartford in accordance with the terms of this policy." It is contended by appellant that the suit was prematurely brought, (1) because no proofs of loss had been furnished, as required by the terms of the policy; and (2) because of appellee's refusal to submit to appraisement the amount of loss and damage sustained. Upon the part of appellee it...
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