DRESCHER v. EXCELSIOR INSURANCE CO. OF NEW YORK

Civ. A. No. 738-59.

188 F.Supp. 158 (1960)

Ronald C. DRESCHER and Betty Drescher, his wife, and Robert Treat Savings & Loan Association, a corporation of New Jersey, Plaintiffs, v. EXCELSIOR INSURANCE COMPANY OF NEW YORK, a corporation of New York, Central Mutual Insurance Company, a corporation of Ohio, and Centennial Insurance Company, a corporation of New York, Defendants.

United States District Court D. New Jersey.

November 4, 1960.


Attorney(s) appearing for the Case

Sandles & Sandles, by Lester Sandles, Newark, N. J., for plaintiffs.

Joseph P. Rose, Newark, N. J., for defendants.


HARTSHORNE, District Judge.

This is an action for fire losses based on various fire policies. Under the appropriate clause in the policies, plaintiffs sought to have an appraisal of the loss. Defendants have refused to appoint an appraiser and assert that an appraisal would here be inappropriate.

Plaintiffs thereupon moved for partial summary judgment on the sixth count of their complaint wherein they seek appointment of an appraiser for the

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