Legal Opinion
Commercial Union Assurance Co. v. Everhart's Adm'r
Supreme Court of Virginia
Decided March 31, 1892PublishedCited by 8 opinions
Error to judgment of circuit court of Clarke county, rendered March 10th, 1891, in an action on an insurance policy wherein Everhart’s administrator was plaintiff, and the plaintiff in error, the Commercial Union Assurance Company (limited) of London,.was defendant.
1Opinion of the CourtLacy, J.
This action was trespass on the case in assumpsit by the defendant in error against the plaintiff in error for loss by fire on an insurance policy. The policy was issued by the plaintiff' *953in error to the intestate of the defendant in error against loss by fire on his frame barn to an amount not exceeding §1,500, with this condition attached:
“ This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deductions for depreciation,…
2Cases cited4 opinions
- Shenandoah V. R. R. v. Ashby's TrusteesSupreme Court of Virginia · 1889
- Hatcher v. LewisCourt of Appeals of Virginia · 1826
- Walker v. CommonwealthSupreme Court of Virginia · 1867
- Stotz v. Collins & Co.Supreme Court of Virginia · 1887
3Cited by8 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Gauley Coal Land Co. v. KoontzWest Virginia Supreme Court · 1916
- Builders Supply Company of Hopewell, Inc. v. Piedmont Lumber Co.Supreme Court of Virginia · 1918
- Rosenthal v. FoxWest Virginia Supreme Court · 1912
- Norfolk & Petersburg R. R. v. OrmsbySupreme Court of Virginia · 1876
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