German American Insurance v. McBee

Citations

• 85 Ohio St. (N.S.) 161

Syllabus

<p>Building totally destroyed — Except foundation — Settlement of loss by insurers — Section 3643, Revised Statutes — Insurance of cellar not prohibited — By Section 3691, Revised Statutes — Cellar must be insured for specific sum — Section 3643, Revised Statutes, may apply — In case of more than one policy.</p> <p>1. Where a building or structure, is totally destroyed except the foundation walls, the fact that the description in an insurance policy, covering the property, includes the foundation, does not prevent the application of Section 3643, Revised Statutes, in the settlement of the loss.</p> <p>2. Section 3691, Revised Statutes, does not prohibit the insurance of the cellar and foundation walls under a building or structure, but does provide, that such walls shall not be included or considered a part of the “building or structure” in settling losses, and where the building or structure is also insured in the same policy, the cellar and foundation walls must be insured for a specific sum, and described separately, from the building or structure.</p> <p>3. Where a building or structure is totally destroyed by fire, the fact that there is more than one policy of insurance on the property, does not prevent the application of Section 3643, Revised Statutes, in the settlement of the loss.</p>