Amusement Syndicate Co. v. Milwaukee Mechanics Insurance

Citations

• 91 Kan. 67
• 136 P. 941
• 1913 Kan. LEXIS 337

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Insurance — Against Loss of Rent — Provisions of Policy— Time Required to Rebuild — Computation of Loss. A policy insuring the owner of a building used for a theater, stores, and offices, against loss of rent in case the building should be rendered untenantable by fire provided that in case the structure were rebuilt loss should be computed from the date of the fire and should cease when the building was rendered tenantable. It further provided that if the owner should elect not to rebuild, the loss should be determined by the time which would have been required for that purpose. The building was destroyed by fire. It could not be rebuilt and an office building was erected instead. Held, the loss is to be computed by the arbitrary rule of the policy without taking into account time for proof of loss, time for the removal of debris, and delay incident to inclement weather occurring in the season following the fire.</p>