...or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation...shall in no event exceed what it would then cost the insurer to repair or replace the same with material of like kind and quality ; said ascertainment or...

...or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation,...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...

...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...

...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...

...or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, -with proper deduction for depreciation...differ, then by appraisers, as hereinafter provided." "In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained...

...Suits by Malham & Co., a partnership composed of Raymond Malham and others, according to such actual cash value, with proper deduction for depreciation,...company, or, if they differ, then by appraisers as against the New York Underwriters' Fire In- hereinafter provided ; and the amount of suranee Company...

...such actual cash value, with the proper deductions for depreciations, however caused, and shall ta no event exceed what it would then cost the insured to repair or replace the same with material of liko kind and quality. Said ascertainment or estimate shall be made by the insured and this company,...

...estimated according to the actual cash value of said property at the time of the occurrence of said fire, with proper deduction for depreciation however caused,...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...