Evening journal., 1921-05-24

icy at the time when the loss hap /
pened as provided by the reduced /
rate contribution clause aforesaid. /
then judgment shall be entered for .
the plaintiff In the sum of twelve /
hundred and twenty-three dollars /
and twenty-five cents with interest 7
thereon from April 8. A. d.. 1920. /
otherwise judgment shall be entered
for the plaintiff. in the sum Of six
hundred and hfty-two dollars and
forty-two cents with interest there
on from April 8, A. D., 1920.
"The decision in this case depends
upon the construction the Court
shall place on our statute. Revised
Code 1915. 500. because no matter
what may be the provisions of the
policy the state law must control
And the statute expressly says that
the contracts made by such policies
and renewals shall be construed to
be contracts made under the laws Of
this State.
"The question then is. what does
said section mean when applied to
the facts In the present case?
The section is as follows
q" 'Whenevery any policy Of insur-
ance shall be issued to insure any
lreal property in this state against
/ loss by fire. tornado or lightning. and
| the property insured shall be wholly
destroyed without criminal fault on
/ the part OF the insured. or his as
/ signs. the amount Of the insurance
stated in such policy shall be taken
L. HIN Of
/ the property insured and the true
amount of loss and measure OF dam
ages. subject TO the proviso herein;
and every such policy, whether here
after issued or removed, shall have
endorsed across the face Of 10 the
following: 1T is agreed between the
insurer and insured that the value Of
the insured property is Of the sum OF
IS......," and this estimate shall
be binding on both parties as 20
value. and in case any owner shall
effect any subsequent insurance, pro-
vided. however. that nothing herein
contained shall, in case of loss, pre-
vent the company insuring from ad-
justing the loss by replacing the
property destroyed upon any larger
value than so agreed, all insurance
as well as that then existing as that
subsequently obtained shall become
void.
This section shall apply to all
policies Of insurance made or issued
upon real property In this State, and
also to the renewal which shall be
made Of all policies issued in this
State. and the contracts made hs
such policies and renewals shall b6
construed TO be contracts made un-
der the laws OF this state.
The Court upon rendering judF
ment against any insurance COMPANY
, upon any such policy Of insurance
shall allow the plaintiff a reasonable
sum as an attorneys fee TO be taxed
, as part Of the costs
THE question naturally arises. di'
The Legislature. in enacting the stat
! ute, have in contemplation any othe
, than a total loss?
4 "It is first declared that tn
amount OF insurance stated in m,
2 policy shall be taken 20 be the tru
p value of the property insured II :
p shall be wholly destroyed: and thel
follows the provision that the par
g ties shall agree upon the value of tn
4 | property in every case and make
! "a part OF the policy; and the statut
- further provides that such estimat
shall be binding on both parties as Z
value.
A "As we have already said. the de
% cision of the case depends upon th
A proper construction OF the statut