Breshears

The sole question presented in this appeal is whether, after recovering under an “open” fire insurance policy the cost of restoring a building to its pre-fire condition, the respondents may also recover the additional costs of reconstructing in compliance with changed building codes. Accordingly, the controversy centers on the interpretation of sections 411, 412, 2051, 2070 and 2071 of the Insurance CoclV.

Section 411 reads: “An open policy is one in which the value of the subject matter is not agreed upon, but is left to be ascertained in case of loss. ’ ’

Section 412 reads: “A valued policy is one which expresses on its face an agreement that the thing insured shall be valued at a specified sum. ’ ’

Section 2051 reads: “Under an open policy, the measure of indemnity in fire insurance is the expense to the insured of replacing the thing lost or injured in its condition at the time of the injury, such expense being computed as of the time of the commencement of the fire. ’ ’

Section 2070 reads: “All fire policies on subject matter in California shall be on the standard form, and, except as provided by this article shall not contain additions thereto. No part of the standard…