Providence Washington Insurance v. Gulinson

Gulinson, et AL., had judgment against the plaintiff in error for 83,000, the full amount of a fire insurance policy. The company claims there should have been a deduction by virtue of the familiar eighty per cent clause, and brings error.

The said clause is as follows:

“In consideration of the rate at and form under which this policy is written, it is expressly stipulated and made a condition of this contract that this company shall be held *283liable for no greater proportion of any loss than the amount hereby insured bears to eighty per cent of the actual cash value of the property described…