The plaintiff’s claim is based upon two policies of insurance in which the plaintiff is the insured and the defendant-company the insurers. The defendant-company entered an appearance but have not yet filed a statement of defence.
Clause 18 of the first policy is as follows:
“If any difference arises as to the amount of any loss or damage such difference shall independently of all other questions be referred to the decision of an arbitrator, to be appointed in writing by the parties in difference, or, if they cannot agree upon a single arbitrator, to the decision of two disinterested persons as arbitrators, of whom one shall be appointed in writing by each of the parties within two calendar months after having been required so to do in writing by the other party. In case either party shall refuse or fail to appoint an arbitrator within two calendar months after receipt of notice in writing requiring an appointment, the other party shall be at liberty to appoint a sole arbitrat…