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RULE 29. If appraisal includes property wholly consumed,

award conclusive

156

30. Duty of both parties to act in good faith — Ne-

gotiation for compromise

156

31. Good faith in attempted selection of umpire ques-

tion of fact

157

32. Umpire refusing to act, if company delays new

appraisal insured may make his assent condi-

tional .

158

33. Duty of parties when one of the appraisers re-

fuses to act

158

34. Effect of failure to agree upon umpire when no

question of fault or good faith

159

35. When appraisal fails without fault or misconduct

of insurance company

159

36. Must be some evidence of bad faith on part of

the company to relieve insured. ...

160

37. When appraisal fails without fault of either party. 160

38. Effect of appraisers' disagreement and refusal to

proceed and failure to agree upon new ap-

praisers — Element of bad faith

161

39. Waiver of right to new appraisal — Fault of the

company

161

40. Appraisers act in quasi-judicial capacity -

Should be free from bias or partiality — Bur-

den of proof ..

162

41. Meaning of disinterested — Appraiser not an

agent - Concealment --- Parties responsible for

his neglect or misconduct

162

42. Appraisers are not partisans — Must be impartial

-

— Are not representatives of either party.... 163

43. Company must name appraiser who will act

promptly - Effect of prevention or delay.... 164

44. Previous employment by insurance company -

Concealment or misrepresentation

164

45. Facts as to previous employment should not be

concealed.

165

46. Appraiser named by insured a public adjuster,

partner, or agent - Question of fact

165

47. Responsibility of parties for neglect or miscon-

duct of appraisers

166

48. Appraisers must not delay on account of advice

of insured's counsel — Not obliged to follow

unsigned directions

166

RULE 49. Insured bound by his inventory.- Effect of fraud

by company's adjuster

167

50. Insured entitled to notice and opportunity of

being heard ...

167

51. Appraisers must not proceed secretly or inde-

pendently --- If evidence taken, insured must

have opportunity of being present

168

52. Duties of appraisers substantially same as arbi-

trators ..

169

53. Appraisal not an ordinary arbitration

169

54. Effect of an appraisal required in a standard form

of policy

170

55. Appraisers not limited to kind or quality of evi-

dence -- Experts ..
·

... 171

56. Distinction as to evidence when property wholly

destroyed or damaged

171

57. Appraisers' decision as to application of the de-

scription in policy to property in question con-

clusive.

172

58. Effect of improper proposal by the company's ap-

praiser ...

172

59. Appraisers must follow agreed submitted sched-

ule ..

172

60. Proceedings not invalid for want of oath by ap-

praisers

.. 173

61. Appraisers must follow limitations in policy as

to amount of loss or damage...

173

62. Allowance must be made for depreciation .. 173

63. Umpire may be selected after commencement of

appraisal ...

173

64. When umpire has authority to act

174

65. Duty of the umpire

174

66. Appraisers have no right to make an additional

award ....

... 175

67. Award binding - Does not depend upon accept-

ance, tender, or payment

... 175

68. Award final and conclusive When rendered

void ...

.. 176

69. Courts will not interfere with award — Strong

,

proof required - When set aside
-

177

70. Award cannot exceed amount of policy.

178

71. Award invalid when made by umpire and one of

the appraisers, when other withdraws before

completion of appraisal

.. 178

RULE 72. Award binding only to extent of subject matter

submitted ...

179

73. Concealment of material evidence by insured.. 179

74. Award not set aside on evidence of other inde-

pendent appraisers

179

75. Company cannot retain advantage of award ob-

tained by fraud of adjuster on claim that he

had no authority to act ...

180

76. Meaning of misconduct by appraisers.

180

77. Duty of parties when award objected to on

ground of fraud or misconduct

181

78. Award void for uncertainty ...

181

79. Award not limited by two-thirds clause in policy, 181

80. Not necessary to return or tender money received

under a void award before suit in equity.... 182

81. Recovery of interest when award set aside....

82. Remedy of insured when award claimed to be

182

83. Remedy when distinction between common-law

and equity practice prevails — Burden of

proof — No cause of action on award itself.. 183

84. Competency of evidence of appraiser

184

85. Remedy of insurance companies in equity to en-

force award ....

184

86. Insured may obtain relief from effect of limita-

tion clause by cross-bill in same suit

185

87. Waiver of appraisal ......

185

88. Insured may by notice create evidence of waiver. 187

89. Denial of liability as waiver

187.

90. Denial of liability when coupled with demand for

appraisal ...

188

91. Omission or refusal to join in appraisal does not

estop company from insisting on competent

evidence Ex parte appraisal ..

188

92. No waiver when demanded in proper time 189

93. When policy provides for written request. 189

94. Failure to demand as evidence of waiver

190

95. Appraisal may be made evidence of waiver 190

96. No waiver by appraisal under standard from

Effect of other acts in connection - Waiver of

options or time — Appraisal agreement... 191

97. Rule of waiver as imposed by contract

192

98. Effect of statute fixing amount of loss

192

99. Appraisal under statute fixing amount of loss.. 193

RULE 25. Statement or proof of stocks of merchandise

Actual cash value should be stated

212

26. Statement limited to particulars called for by

the policy

212

27. When insured holds more than one policy of same

company.

.. 213

28. Conditions operative only when required are in-

dependent of the statement or proof of loss.. 213

29. Statements refer to date of fire

213

30. Effect of overestimate of value

214

31. In case of a reinsurance policy

214

32. When building a total loss in Pennsylvania. ... 214

33. Statements in proofs not evidence of amount of

loss ...

... 215

34. Insured not estopped or bound by his statements

in proofs

216

35. Waiver by local agent

217

36. Local agent may be clothed with apparent au-

thority ..

219

37. Defects not specifically pointed out to insured

waived ...

219

38. Objections must be made promptly

220

39. Insured must have opportunity to supply or rem-

edy defects

221

40. Insured must have reasonable time to comply

with objections to proofs

222

41. Company not obliged to return proofs to make

objections effective

222

42. Waiver of written extension of time

223

43. Company under no obligation to furnish blanks

· Refusal not construed as waiver

.. 223

41. Waiver by refusal to adjust or pay, company hav-

ing the policy

223

45. Reference to policy not sufficient objection 224

46. Effect of refusal to deliver policy on parol con-

tract.

.. 224

47. Effect of adjustment or agreement as to amount

of loss

224

48. Appraisal and proofs of loss distinct and sep-

arate — Waiver .

225

49. Authority of adjuster

226

50. Waiver by adjuster

226

51. Same subject Limitations and nonwaiver agree-

ments.

227

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