Zalesky v. Home Insurance
Supreme Court of Iowa
Appeal from Benton District Court. — TIon. George W. Burnham, Judge. This is an action against the 'defendant upon a policy of insurance to recover for the loss of a building in the city of Belle Plaine, Iowa. The facts, so far as material to the questions presented on this appeal, will be found in the opinion.
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Appeal from Benton District Court. — TIon. George W. Burnham, Judge. This is an action against the 'defendant upon a policy of insurance to recover for the loss of a building in the city of Belle Plaine, Iowa. The facts, so far as material to the questions presented on this appeal, will be found in the opinion. The cause was tried to the court and a jury, and a verdict rendered, for the plaintiff under the direction of the court, upon which judgment was entered, and the defendant appeals. —
1Opinion of the CourtKinne, C. J.
*6151 *614I. The policy sued upon contains the following provisions: “This company shall not be liable beyond 'the .actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deductions for depreciations, however caused, and shall in no. event exceed what it would then cost the insured to repair or replace the same with material of like kind land quality. * * * Said ascertainment or estimate shall be made by the insured and this company, or, if they differ, then by appraisers as…
2Cases cited17 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Hamilton v. Home InsuranceSupreme Court of the United States · 1890
- Scottish Union & National Insurance v. ClancyTexas Supreme Court · 1888
- Carroll v. Girard Fire Insurance of the City of PhiladelphiaCalifornia Supreme Court · 1887
- Chippewa Lumber Co. v. Phenix InsuranceMichigan Supreme Court · 1890
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- Gribben v. ClementSupreme Court of Iowa · 1909
- Zalesky v. Home InsuranceSupreme Court of Iowa · 1901
- George Dee & Sons Co. v. Key City Fire InsuranceSupreme Court of Iowa · 1897
- Knapp v. Brotherhood of American YeomanSupreme Court of Iowa · 1908
13 more not listed; retrieve them via the Exa API.