Joseph McKenna, Orient Insurance Company v. Daggs…
“ The statute, then, does not present the alternative of wager policies to indemnity policies. The change is from one kind of indemnity policy to another kind,-from open policies to valued policies,-both of which are sanctioned by the practice and law of insurance, and this change is the only compulsion of the law. It makes no contract for the parties. In this it permits absolute freedom. It leaves them to fix the valuation of the property upon such prudence and inquiry as they choose. ”
