Morgan Smith Automotive Products, Inc. v. Continental Insurance

Opinion by

Mr. Chief Justice Bell,

The Court of Common Pleas sustained preliminary objections in the nature of a demurrer and entered an Order dismissing plaintiff’s complaint in assumpsit.

The complaint alleged that defendant had issued to plaintiff-appellant a policy of insurance against loss by fire of certain auto heaters. The lower Court held that the insurance policy was unambiguous and by its terms covered only fire losses which were sustained in a fireproof building at 216 Mill Street, Rockford, Illinois. Defendant’s demurrer was sustained because the complaint alleged that the auto…