Legal Opinion

Home Ins. Co. v. Tydal Co.

Court of Appeals for the Fifth Circuit

Decided December 19, 1945No. 11371PublishedCited by 22 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

This appeal is from a judgment on a jury verdict for $15,000 rendered in a suit upon a fire insurance policy. Liability was conceded and only the amount recoverable was in dispute. The plaintiff below, appellee here, was claiming $19,226.67, which was the amount it contended was actually expended in restoring the burned portion of the insured plant, or $20,000 which it contended was the difference between the value of the plant before the fire ($30,000) and the value of what was left afterwards ($10,000).

The policy was for $26,800 on the plant. It bore riders which…

2Cases cited3 opinions

  1. McAnarney v. Newark Fire InsuranceNew York Court of Appeals · 1928
  2. Chicago & E. R. v. Ohio City Lumber Co.Court of Appeals for the Sixth Circuit · 1914
  3. Travelers Indemnity Co. v. Plymouth Box & Panel Co.Court of Appeals for the Fourth Circuit · 1938

3Cited by22 opinions

  1. Sanders v. LeechCourt of Appeals for the Fifth Circuit · 1946
  2. Berkshire Mutual Insurance Company v. Richard G. Moffett, Jr.Court of Appeals for the Fifth Circuit · 1967
  3. Robert T. Clegg v. Hardware Mutual Casualty Co.Court of Appeals for the Fifth Circuit · 1959
  4. United States v. Certain Parcels of LandDistrict Court, S.D. California · 1953
  5. Comins v. ScrivenerCourt of Appeals for the Tenth Circuit · 1954

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