Stockton Combine Harvester & Agricultural Works v. Glen's Falls Co.

The complaint in this ease alleges in substance the issuance of a policy by the defendant insuring plaintiff in an amount not exceeding $2,500 against loss by fire upon certain described property, and that plaintiff had other insurance upon the same and other property, all of which insurance aggregated $127,000; that during the term of such insurance the said insured property was greatly damaged and partially destroyed by fire, and immediately after such lire plaintiff, in accordance with the terms of its policies, presented to defendant and all its other insurers, jointly, proofs of its loss, and claim for damages sustained thereby. The complaint further alleges that plaintiff and its insurers were unable to agree upon the amount of plaintiff’s damage, “and under and in accordance with the terms and conditions of said policies” the question of the amount of such loss was submitted to the arbitrament of two persons, who, being unable to agree, selected an umpire, as they were authorized to do, and that said arbitrators investigated plaintiff’s claim of loss and decided and reported to plaintiff and its insurers that the amount of plaintiff’s loss was $90,000, “and thereupon said…