TRAVELERS INDEM. CO. v. ARMSTRONG

No. 1282S468.

442 N.E.2d 349 (1982)

THE TRAVELERS INDEMNITY COMPANY, Appellant (Defendant below), v. Orrie L. ARMSTRONG, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 6, 1982.


Attorney(s) appearing for the Case

Locke, Reynolds, Boyd & Weisell by Hugh E. Reynolds, Michael A. Bergin, Indianapolis, Hoeppner, Wagner & Evans by John E. Hughes, Lowell, Clifford, Houran, Hiller & Sullivan by Winfield Houran, Valparaiso, for appellant.

Knightlinger, Young, Gray & De Trude by Mark W. Gray, Peter G. Tamulonis, Indianapolis, for American Ins. Ass'n, amicus curiae.

John D. Hughes, George Segar, Ice, Miller, Donadio & Ryan, Indianapolis, for Indiana Basic Property Ins. Underwriting Ass'n (Fair Plan), amicus curiae.

George W. Douglas, James H. Douglas, Valparaiso, for appellee; Douglas, Douglas & Douglas, Valparaiso, of counsel.

Gleason & Hay by Charles S. Gleason, Indianapolis, for William Damaskos and Alice Damaskos, Patton Elec. Co., Inc., George Nasser d/b/a Chairs Galore, Individually and in their representative capacity for all other policyholders similarly situated, amicus curiae.


PRENTICE, Justice.

The defendant issued its policy of insurance denominated a "Farmowner's Policy," by the terms of which it insured the plaintiff, as follows:

"* * * does insure the insured named * * * 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 or replace the property with material of like kind and quality * * * against all direct loss by fire * * *."

The contract...

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