Evening journal., 1921-05-24
]. B. BICE Wins
INSURANCE CASE
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tcontnued ffom page Oncl
fendant companies To had been
: aereed by counsel that the decision
in the above case would apply also
20 a similar case OF Bice VS.. the In
dustrial Fire Insurance Company
The Court decided in favor OF the
plaintiff for the entire amount that
he claimed, which was s1.3O5.SO
against each company. which includ-
ed interest from April 3 Of last year
, The case hinged largely around
clause in the policies which was an
agreement between the insurer and
q Insured that the value OF the insured
property at the time Of being Insured
was $4,000. The Court held that the
decision depended upon the con-
struction that the Court would place
on a State statute relative to fire in
surance policies. and that no matter
what may be the provisions Of the
policy the State law must control.
Chief Justice Pennewil in deliv-
ering the opinion of the Court. said:
The aforementioned cases in
volve the same questions Of law. and
il was understood that the decision
I'm one should apply to the other
"The cases are before the Court
on an agreed statement OF facts.
which according to the case stated.
filed in the aforementioned action.
are as follows:
And now to wit. this twenty
seventh day Of April, A. D., 1921. Il
is agreed by and between the attor-
neys for the plaintiff and defendant
in the above-siated cause. that the
following case DE stated for the opin-
ion of the Court. in the nature of a
special verdict. either party TO have
the right 10 sue out a writ OF error
on the judgment to be entered in the
cause
That on the first day Of October.
1919. the defendant issued and de-
iivered TO the plaintiff tho policy OF
fire insurance hereto attached;
90 That at said time the plainiif
was and still Is the owner Of the
property described in said policy;
That on the fifth day OF Febru
ary. 1920. the said property was dam.
aged by fire, but was only partially
destroyed;
That at the time Of said fire, th'
total amount OF the Insurance on th'
said property was six thousand dol
lars (6.000.OO). three thousand dol
lars C3.OO0.O0) of which was unde
the policy hereto attached. and tn
remaining three thousand dollar
(3.OOO.0O) was under a policy issue'
10y tho Industrial Ere Insurance
Company, a copy whereof Is heret
attached;
That each Of the said policie
was issued with and under the eight
per cent. 5000 reduced rate con
trihution clause;
That a dispute arose havin
arisen between the plaintiff and tn
defendant. (and also between tn
plaintiff and the aforesaid Tho Indus
trial Fire Insurance Company, a
TO. the amount Of the loss sustaine
hy the plaintiff under the aforesai
policies hy reason Of the fire afore
said the said plaintiff and the dc
fendant and the aforesaid The In
dustrial Fire Insurance Company di
enter into. and make and eXecut
the agreement hereto attached date
March. 1920. the Harvey B. Rigs
named in the said agreement havin
been selected by the plaintiff. an
the lNhNNNN AZ A|ANANNMANNH AAfAtiNN
therein having been selected by IN
defendant;
That on March "a. 1920, III
said Riggs and Cummins made III
award hereto attached under III
agreement aforesaid;
That as appears by said policie
each Of them contained statemei
that it was agreed between the n
surer and the insured that the valt
of the insured property was eigi
thousand dollars (ss.0O0.0O)
That az appears by the aforesa'
award hereto attached. the sour
value OF the insured property at q
time OF the fire was found 20 be fl
teen thousand dollars CS15,00O.00)
"'1f the Court shall be Of the opii
ion that the eight thousand dolla
stated in the policy TO be the agree
value Of the property insured is col
trolling an 10 the actual cash Walt
OF the property described in the po