N.C.P.I.—Civil 910.80

This issue reads:

"What amount, if any, is (name plaintiff) entitled to recover of the

defendant, (name insurance company), for [damage to] [destruction of]

personal property?"

On this issue, the plaintiff (name plaintiff) has the burden of proof.

This means that the plaintiff must prove by the greater weight of the

evidence first, that he has suffered damage to personal property, that is

(specify personal property; e.g., "furniture, clothing, and other household

goods") and second, the amount or value of that damage.

The plaintiff's insurance policy provides that, in the event of loss,

the plaintiff shall recover the actual cash value of his loss.1 (If you reach

this issue, you may consider the evidence of the cost of [repair]

[replacement] of the damaged property. However, you will not base your

determination solely upon cost of [repair] [replacement], but rather you

will consider this evidence only to the extent that it helps you determine

the actual cash value of [the plaintiff's loss] [the plaintiff property at the

time of the loss]2.)

The actual cash value of personal property is the amount of money,

in dollars, that the property would bring if sold in the open market.3 It is

the amount that a willing buyer would pay and a willing seller would

accept, neither being under a need for an immediate sale or purchase.4

To arrive at plaintiff's damages for loss of personal property you

would first determine the actual cash value of that property immediately

before the fire. You would then subtract the actual cash value, if any, of

the property immediately after the fire. The difference between these

two figures, as determined by you, in dollars and cents, would be your

answer to this issue.

(Briefly summarize the evidence. See N.C.P.I.-Civil 101.00.)

So, members of the jury, I instruct you that if you reach this issue

you will award the plaintiff such amount, if any, as you find by the

greater weight of the evidence represents the difference in the actual

cash value of plaintiff's personal property immediately before the fire,

and the actual cash value, if any, of that same property immediately after

the fire. Thus, the figure, in dollars and cents, which you arrive at, will

be your answer to this issue.