Mickelson v. Homeland Insurance Co. of America

DONOVAN, District Judge.

Plaintiff, as trustee, brings these suits against the defendant insurance companies to recover for loss and damage by fire under contracts of insurance issued to the insured prior to his bankruptcy. Plaintiff contends defendants are liable for the fire damage sustained, to be prorated, pursuant to the terms and amount of coverage of each policy. Defendants contend that the policies are void because the fire was set by the insured.1

The sole issue is one of fact. Was the fire incendiary in origin? There is no dispute as to the liability of the defendant companies…