The Insurance Company of the State of Pennsylvania v. Joe L. Smith and Amy Jane Smith, D/B/A Smith Mercantile Company, and Guarantee Insurance Company

BRATTON, District Judge.

Two questions are presented for decision on this appeal. The first and primary issue before us is whether the procuring of a new fire insurance policy with the intention that it substitute for an existing policy serves to effect a cancellation of an insured’s existing fire insurance policy. The second question is whether an insured’s testimony as to value of fixtures, if such opinion is the only evidence on the issue in the case, must be accepted as the proper amount of damages to be awarded.

The facts pertinent to the resolution of these questions are as follows:

The…