379.150. Partial loss--option with insured.
Partial loss--option with insured.
379.150. Whenever there is a partial destruction or damageto property covered by insurance, it shall be the duty of theparty writing the policies to pay the assured a sum of moneyequal to the damage done to the property, or repair the same tothe extent of such damage, not exceeding the amount written inthe policy, so that said property shall be in as good conditionas before the fire, at the option of the insured.
(RSMo 1939 § 5932)Prior revisions: 1929 § 5821; 1919 § 6231; 1909 § 7022
(1957) Mutual automobile insurance company organized under §§ 379.205 to 379.310 is not subject to § 379.150 which gives insured option to require repair of damaged property or payment of money. Williams v. Farm Bur. Mut. Ins. Co. of Mo. (A.), 299 S.W.2d 587.
(1962) Where plaintiffs who suffered the loss of a house by fire elected to have insurer repair the place which could have been done at that time for less than the policy amount and the insurer upon such election undertook the repairs but abandoned the same and let the property stand whereby it was damaged, the insurer was liable for the amount of repairing the property notwithstanding the cost thereof exceeded the policy amount. Samuels v. Illinois Fire Insurance Co. (A.), 354 S.W.2d 352.
(1963) This statute giving insured, in case of partial destruction of a vehicle, the option of repairing it or claiming an amount equal to the damages done prevails over provisions in policy requiring insured to accept the value of the loss or cost of repair, whichever is the lesser. Boren v. Fidelity & Casualty Co. of New York (A.), 370 S.W.2d 706.
(2002) Section does not prohibit insurer from withholding depreciation from valid replacement cost claim. Dollard v. Depositors Insurance Company, 96 S.W.3d 885 (Mo.App.W.D.).