Hogan v Poland

Judgment Date01 January 1940
Date01 January 1940
CourtCircuit Court
(Cir. Ct.),

Differences "arising out of" - Submission to arbitration - Terms of submission - Apparently wider than terms of policy - Construction - Arbitrator's award not binding in respect of matters not arising under policy.

A motor-car insurance policy provided for the submission to arbitration of "all differences arising out of" the policy. Certain differences having arisen between the parties to the policy, an agreement was subsequently executed by the insured and the underwriters submitting to the decision of an arbitrator "all disputes and differences which exist between the said parties and also all other disputes and differences which may hereafter arise between them." The arbitrator made an award in favour of the insured in respect of, amongst other matters, certain loss suffered by him owing to a delay on the part of the underwriters in admitting liability which portion of the award the insured contended was properly made and was effective as being in respect of a matter falling within the provision of the submission for the arbitration of "all other disputes and differences which may hereafter arise" between the...

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