Early v. Providence & Washington Insurance

This case is before the court on exception to the decision of the Superior Court sustaining the defendant’s demurrer to plaintiff’s amended declaration. The action was upon a policy of fire insurance which contained 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 deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the…