Every evening, Wilmington daily commercial., 1921-05-23

shall be wholly destroyed without
criminal fault on the part of the In
sured. or his assigns the amount OF
the insurance stated In such policy
shall be taken conclusively to be the
true value Of the property insured and
the true amount OF loss and measure of
DAMAGES, subject TO the proviao hereins
and every such policy, whether here
after issued or removed shall have en-
dorsed across the face Of IL. the folow-
ing: IL iH agreed between the insurer
and insured. that the value of the ins.Ir-
ed property If OF the sum of So.
and this estimate shall be binding on
both parties az to value, and In caae
any owner shall effect any subsequent
insurance, provided, however, that
nothing herein contained shall, In
case Of loss. prevent the company In
snring from adjusting the loss by re-
placing the property destroyed upon
any larger value than 40 agreed. all
insurance as well as that then existing
az that subsequently obtained shall be-
come void
This section shall apply to all poll
cies 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 by such policies and
renewals shall be construed 10 be
contracts made under the laws Of this
State.
The court upon rendering Judgment
against any insurance company upon
any such policy of insurance. shall al
low the plaintiff a reasonable sum as
nm attorneys fee To be taxed as part
of the costs"
The question naturally arises, did
the Legislature, in enacting the statute
have in contemplation any other than
n total loss2
IL is first declared that the amount
OF insurance stated In the policy shall
be taken 10 be the true value Of the
property insured II IL shall be wholly
destroyed; and then follows the prayi-
sion that the parties shall agree upon
the value OF the property In every case
and make 1t a part of the policy; and
! the statute further provides that such
estimate shall be binding on both
parties as TO value.
As we have already said. the decision
of the case depends upon the proper
construction of the statute In question,
and that being so we do not think tn,
authorities cited on either side are YER,
helpful. They are interesting az show.
Ing the history and development Of In
surance law in some particulars. hu
of little assistance In the Interpretation
of our own statute which is unlike am
other we have seen.
While there may be n difference q
| opinion as to whether the LEGISLATURE
in enacting the statute. contemplated |
partial loss, there can be no doubt tha
| the language employed Is broad enough
| TO comprehend IL.
The court are of the opinion that
/ there is an agreed value OF the propert,
| insured. indorsed on the policy in ac
| cordance with the statute. such vain
1 must furnish the basis of settlameu
/ IL the property shall be partially de
| stroyed. and we reach this conciuglo,
because of the apparent meaning q
the statute, the general language en-
/ ploved therein and also because of wha
we think was the main purpose of tn
Legislature in enaeting the statute.
| The law requires that every polio,
| issued 10 insure real property in thi
/ State shall have endorsed across tn
| face the value of the property insure,
as agreed upon by the insurer and in
| sured, and that this estimate shall b.
binding on both Parties as to value. 7
would be impossible TO use more gen
eral language.
J But to make the application OF tn
| statute more certain in every case O
loss. 1t is further provided that the sec
| tion shall apply to all policies of in
| surance made or issued upon rea
| property IN this State.
We think the Legislature intended I
make every policy Of insurance is