Fadanelli v. National Security Fire Insurance

The appellant, an insurance company, hereinafter called the company, issued its policy upon the property of the appellee, hereinafter called the plaintiff, for the sum of $2,500. As a part of the policy is the following provision: “It shall be optional, however, with this company * * * to repair, rebuild, or replace the property lost or damaged with other of like kind and quality within a reasonable time on giving notice, within thirty days after the receipt of the proof herein required, of its intention so to do.” This the company did.

The plaintiff relies upon the provision in the statute…