Harper v. Phoenix Insurance Co.

Felton, Chief Judge.

The plaintiff in error bases his claim for the full face amount of the policy upon the italicized phrase in the following provision of the policy: The loss “shall be computed from the date of such damage or destruction, until such time as the described building (s) could with the exercise of due diligence and dispatch, be restored to the same tenantable condition as before the damage or destruction and not limited by the date of expiration of this policy.” (Emphasis supplied). If this phrase were construed, as the plaintiff in error urges, to mean that the insured must be…