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COMMERCIAL U. INS. CO. v. RYALS

SC 2443.

355 So.2d 684 (1978)

COMMERCIAL UNION INSURANCE COMPANY v. James W. RYALS and Dollories Ryals.

Supreme Court of Alabama.

January 27, 1978.

Attorney(s) appearing for the Case

Robert G. Kendall of Johnston, Johnston & Kendall, Mobile, for appellant.

Erling Riis, Jr. and T. E. Sharp, III, for Vickers, Riis, Murray & Curran, Mobile, for appellees.

BEATTY, Justice.

The defendant appeals from a judgment of the trial court affirming an arbitration award to the plaintiff in the amount of $96,243.00. We affirm.

The plaintiff's restaurant building was insured against fire by a policy issued by the defendant. The insuring (or limitation) clause provided that the building was insured:

[t]o the extent of the actual cash value of the property at the time of the loss, but not exceeding the amount which...

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