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Ugovitch v. Ohio Farmers' Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1917
180 App. Div. 905 (N.Y. App. Div. 1917)

Opinion

October, 1917.


A partial or biased appraiser is not "competent and disinterested" within the policy provisions. In case of a doubtful attitude of such an appraiser, his disinterestedness and fairness may be issues for the jury in the suit upon the policy. The court below, therefore, could rightfully stop such appraisal as, according to the complaint in equity, was being conducted until the standing of the so-called appraisers could be passed on in the trial. The order of July seventeenth [eighteenth] is, therefore, affirmed, with ten dollars costs and disbursements, and stay of trial vacated. Jenks, P.J., Mills, Rich, Putnam and Blackmar, JJ., concurred.


Summaries of

Ugovitch v. Ohio Farmers' Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1917
180 App. Div. 905 (N.Y. App. Div. 1917)
Case details for

Ugovitch v. Ohio Farmers' Insurance Company

Case Details

Full title:ELI UGOVITCH and HESTER J. YOUNG, Respondents, v. OHIO FARMERS' INSURANCE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 1, 1917

Citations

180 App. Div. 905 (N.Y. App. Div. 1917)