Campbell v. Calvert Fire Insurance

Oxner, Justice.

This is an action on a policy issued by the Calvert Fire Insurance Company indemnifying plaintiff, Eugene T. Campbell, against loss or damage to his automobile by collision or upset.

The fact that there was a collision is admitted. Plaintiff alleged that his automobile “was destroyed” and sought judgment for $1,350.00, which he alleged was its value. The Company denied that the automobile was damaged to this extent; alleged that plaintiff, in violation of the terms of the policy, had the automobile repaired before reporting the loss, thereby denying it a reasonable opportunity…