Shield Insurance v. Kemp

Whitman, Judge.

The motion to dismiss the appeal is considered to be without merit.

The insurance policy became effective in December 1964, and the loss occurred in February 1965. The policy provides that the company “does insure the insured named above [Obie E. Kemp] ... to the extent of the actual cash value of the property at the time of loss but not exceeding [the cost of repair or replacement] nor in any event for more than the interest of the insured. . .” (Emphasis supplied.)

The evidence adduced at the trial showed without dispute that Kemp had never at any time owned more than a…