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BRADFORD v. HOME INS. CO.

384 A.2d 52 (1978)

Carl O. BRADFORD v. The HOME INSURANCE COMPANY.

Supreme Judicial Court of Maine.

March 31, 1978.

Attorney(s) appearing for the Case

Powers & Bradford by John D. Clifford, IV (orally), Paul L. Powers, Freeport, for plaintiff.

Norman & Hanson by Stephen Hessert (orally) David C. Norman, Portland, for defendant.

Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.

NICHOLS, Justice.

Upon cross-motions for summary judgment in Superior Court in Cumberland County the parties joined issue upon the construction which should be given the following language in the homeowner's insurance policy issued by the Defendant to the Plaintiff:

. . . (T)his company . . . does insure the Insured . . . to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair...

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