Lancashire Insurance v. Bush
Nebraska Supreme Court
Error to tbe district court for Lancaster county. Tried below before Hall, J. The valued policy law does not apply to this case, because the petition declares for a partial loss only. The amount written in the policy is taken to be the value in cases of total loss only, where it is required to ascertain the value of the insured building in its entirety. In all other cases "findings of the value must be supported by competent testimony.
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Error to tbe district court for Lancaster county. Tried below before Hall, J. The valued policy law does not apply to this case, because the petition declares for a partial loss only. The amount written in the policy is taken to be the value in cases of total loss only, where it is required to ascertain the value of the insured building in its entirety. In all other cases "findings of the value must be supported by competent testimony. Session Laws, 1899, p. 425, ch. 48; Compiled Statutes, ch. 43, secs. 43-45. The courts can not enlarge the provisions of the valued policy act. It must be…
1Opinion of the CourtSullivan, J.
The Lancashire Insurance Company issued to Abbie Bush and Mabel B. Davis the contract of insurance upon which this action is grounded. The property insured was real estate, being a dwelling house in Crystal Springs Addition to the city of Lincoln. The amount of insurance written in the policy was $1,800, and it was stipulated that the loss, if any, should be payable to William McWhinnie, mortgagee, as his interest might appear. On July 31, 1894, the insured building was partially destroyed by fire. Arbitrators chosen by the parties to ascertain the actual amount of the injury, determined that…
2Cases cited10 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Burlington, Cedar Rapids & Northern Railway Co. v. DeySupreme Court of Iowa · 1891
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
- Reilly v. Franklin Insurance Co. of St. LouisWisconsin Supreme Court · 1877
- Atchison, Topeka & Santa Fe Railroad v. MatthewsSupreme Court of Kansas · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Jessup v. DavisNebraska Supreme Court · 1926
- Kupfersmith v. Delaware InsuranceSupreme Court of New Jersey · 1913
- Arkansas Insurance v. McManusSupreme Court of Arkansas · 1908
- Farm Bureau Life Insurance v. LuebbeNebraska Supreme Court · 1984
- Calnon v. Fidelity-Phenix Fire Ins.Nebraska Supreme Court · 1925
30 more not listed; retrieve them via the Exa API.