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MATTER OF DELMAR BOX CO. (ÆTNA INS. CO.)

285 A.D. 398 (1955)

In the Matter of Delmar Box Co., Inc., Respondent. Ætna Insurance Company et al., Appellants; National Commercial Bank and Trust Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 3, 1955.

Attorney(s) appearing for the Case

F. Walter Bliss, Warner M. Bouck and Francis J. Holloway for appellants.

Roland Ford for Delmar Box Co., Inc., respondent.

BERGAN, COON and ZELLER, JJ., concur; IMRIE, J., taking no part.

FOSTER, P. J.

This is an appeal from an order of the Supreme Court, Albany County Special Term, which directed the appellant insurance companies to proceed to arbitration and appraisal of an alleged fire loss under certain fire insurance policies.

The policies in question contain the following appraisal clause, authorized by section 168 of the Insurance Law. "Appraisal. In case the insured and this Company shall fail to agree as to the actual...

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