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" It shall be optional, however, with this company to take all, or any part, of the articles at such ascertained or appraised value, and also to repair, rebuild, or replace the property lost or damaged with other of like kind and quality... "
The Annual Cyclopedia of Insurance in the United States - Page 59
1891
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 87

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1891 - 776 pages
...the whole or any part of the movable or other property herein specified at its appraised value, or to repair, rebuild, or replace the property lost or...of like kind and quality within a reasonable time, giving notice of their intention so to do within 60 days after the receipt of the proofs of loss herein...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 119

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1900 - 840 pages
...shall be payable 60 days after due notice, ascertainment, estimate, and satisfactory proof of the loss have been received by this company in accordance with the terms of this policy." The policy provides that, in case there is any disagreement about the amount of the loss, the amount...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 192

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1917 - 824 pages
...shall be payable 60 days after due notice, ascertainment, estimate, and satisfactory proof of loss have been received by this company in accordance with the terms of this policy." The plaintiff recovered a verdict and judgment for $500, but upon a motion for a new trial the trial...
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American Commercial Law: Relating to Every Kind of Business: with Full ...

Franklin Chamberlin - 1869 - 1004 pages
...of the Company under this policy: and provided further, that it shall be optional with the Company to repair, rebuild or replace the property lost or...of like kind and quality within a reasonable time, giving notice^of their intention so to do within thirty days after receipt of proofs herein required...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 77

North Carolina. Supreme Court - 1877 - 644 pages
...insurance and as a constituent part of it, it is provided that " it shall be optional with the company to repair, rebuild, or replace the property lost or...of like kind and quality within a reasonable time, &c." It is thus seen that by the express terms of the policy, the insurer can replace the loss by repairs...
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The Fire Underwriters' Text-book

Jeremiah Griswold - 1872 - 850 pages
...of the company under this policy ; And provided further, that it shall be optional with the company to REPAIR, REBUILD, or REPLACE the property lost or...of like kind and quality within a reasonable time, giving notice of their intention to do so within thirty days after receipt of proofs herein required...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 75

Ohio. Supreme Court - 1907 - 786 pages
...shall be payable sixty days after due notice, ascertainment, estimate and satisfactory proof of loss have been received by this company in accordance with the terms of this policy." Opinion of the Court. Now, could a condition precedent be more express than this? In case of difference...
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Tiffany's Special Agent's and Adjusters' Assistant: Containing Numerous ...

Henry Stanton Tiffany - 1887 - 466 pages
...property specified, at its appraised value: — or to repair, rebuild or replace any property burned or damaged, with other of like kind and quality: — within a reasonable time; giving notice of their intention so to do, within sixty days after the receipt of the verified claim...
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The American Reports: Containing All Decisions of General ..., Volume 24

Isaac Grant Thompson - 1878 - 884 pages
...destroyed by fire. One of the provisions of said policies is: "It shall be optional with the company to repair, rebuild or replace the property lost or...of like kind and quality within a reasonable time, giving notice of their intention so to do within thirty days after receipt of proofs of loss, and in...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 111-112

1902 - 2074 pages
...appraisal has been required." It also contains provisions to the effect that it shall be optional with the company to "take all or any part of the articles at...damaged with other of like kind and quality, within reasonable time, on giving notice within 30 days after the receipt of the proof herein required of...
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