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NORWICH UNION FIRE INS. SOC., LIMITED v. COHN

No. 863.

68 F.2d 42 (1933)

NORWICH UNION FIRE INS. SOC., LIMITED, OF NORWICH, ENGLAND, et al. v. COHN.

Circuit Court of Appeals, Tenth Circuit.

December 4, 1933.

Attorney(s) appearing for the Case

John F. Webster, of Oklahoma City, Okl. (F. A. Rittenhouse and Walter D. Hanson, both of Oklahoma, City, Okl., on the brief), for appellants.

Gomer Smith and J. H. Everest, both of Oklahoma City, for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

This appeal brings on for determination a question in the law of fire insurance over which there has been some conflict of judicial opinion. It is this: Where an agreement has been entered into for an appraisal of the loss, and the appraisal fails without the fault of either party, is a second effort to appraise a condition precedent to a recovery on the contract?

The material facts are not in dispute. Plaintiff below owned a hotel...

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