Calvert Fire Insurance v. Carter

Albert W. Carter, a policyholder in Calvert Fire Insurance Company, sued, under the terms of his policy, *249to recover the amount of damage to his automobile, proximately resulting from an upset thereof.

The Company under its policy was liable to the plaintiff for “ (1) the actual cash value of the automobile, or if the loss is of a part thereof the actual cash value of such part, at time of loss or (2) what it would then cost to repair or replace the automobile or such part thereof with other of like kind and quality, with deduction for depreciation, * * *” less a deductible of $50.00.

The sole…