Legal Opinion
Brock v. Dwelling House Insurance
Michigan Supreme Court
Decided December 7, 1894PublishedCited by 18 opinions
Error to Bay. (Maxwell, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion.
1Opinion of the CourtMcGrath, C. J.
The policy upon which suit is brought contains the following provisions:
“ 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 of estimated according to such actual cash value, with proper deduction for depreciation, however caused, and shall in ¡no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality. Said ascertainment or estimate shall be made by the insured and this company, or, if they differ, then by appraisers, as…
2Cases cited3 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Bishop v. Agricultural InsuranceNew York Court of Appeals · 1892
- Bradshaw v. Agricultural Insurance of WatertownNew York Court of Appeals · 1893
3Cited by18 opinions
- Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
- Providence Washington Insurance v. WolfIndiana Supreme Court · 1907
- Continental Insurance v. Vallandingham & GentryCourt of Appeals of Kentucky · 1903
- Vernon Insurance v. MaitlenIndiana Supreme Court · 1902
- Insurance Co. of North America v. HegewaldIndiana Supreme Court · 1903
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