...insurer to the actual cash value of the property at the time loss or damage occurs, in no event to exceed what it would then cost the insured to repair...replace the same with material of like kind and quality. It requires, in case a loss occurs, that the insured make a complete inventory, stating the quantity...

...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 liko kind and quality." It is contended that, as the insured would not be entitled to recover more...

...to show that the word "then," used in the clause, "and shall in no event exceed what it would (ken cost the insured to repair or replace the same with material of like kind and quality," should not be read as calling for an immediate reproduction of the lumber burned, as it would not be...

...held to be excluded by a policy providing that loss or damage should in no event exceed what it would cost the insured to repair or replace the same with material of like kind and quality and providing against liability for loss occasioned by building laws. (Hewins v. London Assurance Corporation,...

...the above clause, let us consider the other parts of the contract. One clause of the policy provides: "Said ascertainment or estimate shall be made by the...differ, then by appraisers, as hereinafter provided." Observe that this clause contains no option, but the language is obligatory; it requires that if the...

...others, 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...company, or, if they differ, then by appraisers as against the New York Underwriters' Fire In- hereinafter provided ; and the amount of suranee Company...

...the time of the occurrence of said fire, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the...replace the same with material of like kind and quality, but such appraisement does not in any respect waive any of the provisions or conditions of said policies...

...cash value, and with proper deduction for depreciation, however caused; and shall In no event c-oeed what It would then cost the Insured to repair or replace the same with materials of like kind or quality." On February 14, 1897, a flre destroyed a large part of all the...

...loss by fire to the goods insured. The policy provides for determining the amount of loss as follows: "Said ascertainment or estimate shall be made by the insured and this company, and, if they differ, then by appraisers, as hereinafter provided; and, the amount of loss or damage...

...caused, and shall in no event exceed what it would then cost insured to repair or replace the same witli material of like kind and quality. Said ascertainment...provided; and, the amount of loss or damage having been thn» ascertained, the sum for which this company is liable pursuant to this policy shall be payable...