South Dakota Supreme Court October 15, 1929, File No. 6690 (Doherty v. Automobile Ins.)

FULLER, C.

Whether the insured, in a statutory form of fire insurance policy, who has submitted his claim for loss to appraisers and received the award by them agreed upon, may, in an independent action, recover penalty and interest thereon, is a question to which we believe this appeal may be properly narrowed. Rev. Code 1919, § 9195, provides in part;

“Penalty for Btdlure to Pay Loss.