Harrington v. Amiga Mutual Insurance

Green, J. (dissenting).

I respectfully dissent. Under the loss settlement section of the policy, defendant agreed to pay the cost to repair or replace plaintiffs dwelling. That section further provides that defendant’s obligation to pay more than the actual cash value of the damage does not arise unless "actual repair or replacement is complete.” Nothing in the policy imposes the additional condition that the repair or replacement be made by plaintiff himself. Had defendant intended to place that further limitation upon plaintiffs recovery, it could have done so explicitly (see, Ruter v…