Payne v. Bankers & Shippers Insurance Co. of New York

The parties to this appeal do not seem to agree upon the nature of the suit in which the judgment was rendered and from which the appeal was taken. In order to properly decide this preliminary matter, it may he well to state that plaintiffs ’ theory is that it is not merely a suit for the loss sustained by reason of the partial destruction by fire of a house insured by defendant in a policy issued by it, but also for damages for defendant’s breach of its obligation to repair the house after its partial destruction by fire, contained in or created by the policy. Defendant, however, appears to…