Elisha B. Morrell, Respondent v. the Irving Fire Insurance Company, Appellant

Summary

The Court held that an insurer's election to rebuild after a fire converts the insurance policy into a building contract, so damages are measured by the cost to complete a substantially similar building and are not limited by the policy amount; the plaintiff may sue either insurer for the full damage and each insurer may seek contribution from the other. The Court affirmed the judgment against the appellant.