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INSURANCE COMPANY OF NO. AMERICA v. COUNTY OF HALL

No. 38136.

198 N.W.2d 490 (1972)

188 Neb. 609

INSURANCE COMPANY OF NORTH AMERICA, a Corporation, Appellant, v. COUNTY OF HALL, a Body Politic and Corporate, Appellee.

Supreme Court of Nebraska.

June 16, 1972.

Attorney(s) appearing for the Case

Luebs, Tracy, Huebner & Dowding, James A. Beltzer, D. Steven Leininger, Grand Island, for appellant.

Sam Grimminger, County Atty., Grand Island, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON and CLINTON, JJ.

WHITE, Chief Justice.

A house owned by the defendant was completely destroyed by fire. Pursuant to section 44-501, R.R.S.1943, the policy insured the dwelling "to the extent of the actual cash value of the property at the time of the loss," the "amount of insurance" written in the policy was in the sum of $8,500. Section 44-380, R.R.S. 1943, provides: "* * * the amount of the insurance written on such policy shall be taken conclusively to be the true value of the...

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