Tedder v. Hartford Fire Insurance

Lewis, Justice:

This is an action to recover for a total loss under a policy of fire insurance. The issues to be decided concern the claimed right of the insurer to replace the property destroyed instead of paying the full amount of the policy.

The defendant, Hartford Fire Insurance Company, issued to the plaintiff, Kelley C. Tedder, a policy of insurance under which a dwelling owned by the plaintiff was insured against loss by fire in the amount of the agreed value o,f $10,000.00. The building was totally destroyed by fire while the policy was in full force and effect. Upon the filing of proof…