Continental Casualty Co. v. Aetna Insurance

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

This is an appeal from the entry of summary judgment for defendant in an action by plaintiff seeking a declaration that defendant was a co-insurer of a loss paid by plaintiff.

It appears from the parties’ written stipulation of facts that defendant had issued a multi-peril policy expiring January 15, 1976, which insured property of Harvey C. Wagley et al. (hereafter Wagley) for damages resulting from fire to a limit of $1,350,000; that on January 8, when Stephen Burns (Wagley’s insurance broker) learned that the policy renewal…