New York Court of Appeals

Thomas W. McAnarney, Respondent v. Newark Fire Insurance Company, Appellant, Impleaded With Another

January 10, 1928247 N.Y. 176

Summary

The New York Court of Appeals reversed the trial judgment, holding that the insurance policy's "actual cash value" provision does not limit recovery to market value or to cost of reproduction less depreciation alone, and that the trial court erred by excluding the plaintiff's declarations and by misdirecting the jury on the measure of loss.