Document Type

Article

Comments

Appraisals of Loss and Damage Under Insurance Policies (with W. W. Sturges), 13 University of Miami Law Review 1 (1958)

Abstract

In the earlier articles of this series relating to appraisal provisions in fire insurance policies and in some other policies covering property loss, attention was centered upon the following matters – (1) the course of the British and American courts and of state legislatures in making some of those provisions irrevocable and (2) the succeeding action of the American courts in frustrating and displacing those irrevocable provisions.

This article embraces considerations of the more formal “enforceability” of these irrevocable appraisal provisions. It covers both common law, (i.e., non-statutory) and statutory enforcement procedures or remedies.

“Enforcement” at common law (i.e., by non-statutory procedures) suggests, of course, specific performance of the provision by (1) plenary suit brought to obtain a general injunctional order that the non-complying party proceed with appraisal, (2) plenary suit to gain court appointment of appraisers or an umpire as may be necessary to complete the appraisal board and enable it to function as such, also (2) an action for damages against a party for his failure or refusal to do his part in compliance with the intendment of the provision.

“Enforcement” by statutory procedures involves the quest of like objectives as those sought in “(1)” and “(2)” of the foregoing common law remedies by statutory motion.

Date of Authorship for this Version

1958

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