Ijames v. Republic Insurance Co.

This is an action upon a fire insurance policy by the insured property owners against the insuring company. To this extent, it is an action on a contract. Since certain provisions in the policy are mandated by statute and appear both in the policy and the statute, it is a case of statutory construction.

The case was tried to a jury and submitted on special questions. Certain of the jury’s findings were not appealed and form no part of the issues before us.

The precise issues are:

1) May an insurer elect alternate methods of adjusting a fire loss as to damages to the dwelling house proper and the…