Bates v. Grain Dealers National Mutual Fire Insurance Co.

MOREMEN, Judge.

These two cases, consolidated by order of this court for purposes of briefing, question the propriety of the lower court in sus-, taining a demurrer ■ to the petitions as amended in each case. We will refer to the Aetna Insurance Co. case as the “Aetna case” and to the Grain Dealers National Mutual Fire Insurance Co. case as the “Grain Dealers case.”

Two questions are presented, one of which is common to both cases and the other applies only to the Aetna case.

The appellant in 1951 had a $1,000 fire insurance policy with the Aetna Insurance Co., appellee here, as well as seven…