Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1909-04-14
VALUED POLICY
LAW
In Force in West Virginia
According to Opinion of
Attorney General.

1
legislature OF 1907 and has not been
enforced since. Under this law an
insurance company insuring property
for a certain amount OF money and
collecting the premium therefor must
pay the face value Of the policy IN
case OF loss. even IL the property was
rot worth the amount insured for.
The opinion was written by Frank
Lively. assistant attorney general,
follows:
II have the honor to comply with
your written request OF April 9Th,
asking II the Valued Policy Law as
embodied in Chapter 33 of the Acts
OF 1899. was repealed by chapter IL
o: the Acts Of 1907.
This is a very interesting ques.
ton, and would arise, presume,
where a holder OF IRE insurance
policy attempted to assert his right,
u recover the full amount named
in the policy independently OF any
other stipulations therein. This
question has never been Judicial.y
determ ned, and / cannot say what
effect my opinion might have on lit
igation, contemplated or otherwise,
between a policyholder and insur-
apce company, on this question. how
ever. as you have requested such
opinion, shall be pleased to give
you my views. BY reference to chap
ter 33 OF the acts OF 1899, which
is the enactment OF the Valued Poi
| icy Law It will be seen that this
was a new law and not an amend
| ment or re-enactment of any section
OF chapter OF the code. 1t Is not,
nor was 1t attempted to be made a
Part OF any chapter OF the Code. In
1899 the legislature adopted joint
resolution No. II, which provided for
the purchase OF the fourth edition of
the Code, to be compiled by John A
Warth, OF the Kanawha bar, which
compilation, when completed, and
having passed the inspection OF the
attorney general and governor, was
declared to be recogn zed as the
fourth edition. and that 1t should
have the same force and effect a.
the laws and acts from which 1t was
compiled.
| ''In pursuance OF this resolution,
Mt. Warth made the compilation OF
the statutes and laws, which vas
published as the fourth edition OF
the Code, and In that compilation
Inserted chapter 33 OF the Acts OF
1899 which is the Valued Policy
Law, at the end OF chapter "a, OF
the Code. which chapter related to
| insurance, telephone and telegraph
companies, as section 18a, and ell
closed the entire insertion in brack-
cts. At first inspection 1t would ap-
pear that the compilation attempted
to make and did make the Valued
Pol cy Law a part OF said chapter
"a; and that the legislature by res
olution duly passed, confirmed the
attempt OF the compiler to maze
it a part of chapter 81, and lid
thereby make IT part OF that chap
ter. Upon a more careful inspec-
ton OF the Code OF 1899, It will be
seen that the compiler did not, as a
matter OF fact, attempt or intend to
make the Valued Policy Law q part
OF chapter "a; on the contrary, 1t
was placed at the end OF that chapter
az mere matter OF convenient ref
Ell ence, and relating to the subject
matter OF that chapter. He expressly
says so. I beg to refer you to the
preface OF that ed tion in which the
compiler says:
General laws not amending any
section Of the Code proper, nor made
part thereof by the legislature, yet
relating to the subject matter OF tfu
Code chapters, have been inserted IN
or at the end of the chapters upon
the same subject, enclosed in brac
cts and marked the number OF the
next preceding regular section and a
letter OF the alphabet. The sections
OF such inserted acts are numbered
with the Roman numerals to distln-
guish them from the regular sec
tions OF the chapters, which have
been preserved in their original or
| der, or as they were re-enacted By
the legislature
by chapter n OF the Acts OF 1897
chapter 81, Of the Code of 1899 Is
reenaeted, and is now a chapter on
insurance only; the other subjects OF
telegraph and telephone companies
formerly treated OF therein having
been left out. 1t is familiar rule
OF statutory construction that when a
chapter or section OF law is re-
enacted, and a portion is left out,
that portion is repealed; that part
re-enacted which is not changed IN
simply a continuance and affrma-
ton Of the old law and that which
Is added, II any added, takes effect
from the new enactment. II the "
ned Policy ,aus oouId 10 oo~nt..us