Pinet v. New Hampshire Fire Insurance Company

Although the plaintiff suffered a total loss of his chinchillas, he cannot invoke the valued policy statute since by its terms it applies only to “buildings” (RSA 407:8; Lamb v. Insurance Company, 88 N. H. 21) and as to personal property the insured is obligated to establish the amount of his loss. Moreau v. Insurance Company, 84 N. H. 422. In determining the amount of the loss, the first question to be decided is whether the valuation condition 4 of the policy controls as contended by the defendant or whether it is inapplicable to chinchillas as contended by the plaintiff. No case…