MTR. OF ROSS v. HARDWARE CAS. CO.


13 Misc.2d 739 (1958)

In the Matter of the Application of Louis Ross et al., Petitioners, v. Hardware Mutual Casualty Company of Stevens Point, Wisconsin, Respondent.

Supreme Court, Special Term, Kings County.

April 8, 1958.


Attorney(s) appearing for the Case

Alex Rosenzweig for petitioners.

Hughes, Flamman & Simpson for respondent.


WALTER R. HART, J.

The provision in the policy for an appraisal of the injuries suffered by petitioners does not constitute an agreement to arbitrate all disputes arising under the contract of insurance. Since the respondent contests the allegations of the petition that all conditions precedent have been complied with, it would not be within the province of the appraisers to resolve that question. An agreement...

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