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HARWELL v. HOME MUTUAL FIRE INS. CO.

17115

228 S.C. 594 (1956)

91 S.E.2d 273

LACY RANKIN HARWELL, Respondent, v. HOME MUTUAL FIRE INSURANCE COMPANY, Appellant.

Supreme Court of South Carolina.

February 6, 1956.

Attorney(s) appearing for the Case

Messrs. Royall & Wright and Emil T. Cannon, of Florence, for Appellants.

George W. Keels, Esq., of Florence, for Respondent.

February 6, 1956.

OXNER, Justice.

This is a suit on a fire insurance policy covering a house in Florence, South Carolina, owned by respondent. The question for determination is whether the action is barred by the refusal of the insured to comply with the following provision in the policy relating to the method of determining the amount of the loss:

"Appraisal. In the case the insured and this Company shall fail to agree as to the actual cash value...

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