Lampe Market Co. v. Alliance Insurance

Plaintiffs’ action is founded upon a fire insurance policy. The narrow issue presented by defendant’s appeal is whether the trial court erred in refusing to limit the jury to a consideration of the cost of reproduction, less depreciation, in determining the “actual cash value” of plaintiffs’ building.

The pleadings and a stipulation made at a pretrial hearing established the following facts: Plaintiffs are the owners of a so-called fireproof market and office building located on one of the principal corners of the business section of Huron, South Dakota. Under a statutory form of policy…