Fidelity & Guaranty Insurance Corp. v. Mondzelewski

Southerland, C. J.:

Plaintiff brought suit upon policies of fire insurance total-ling $7,000 in amount and covering two adjoining frame buildings in the first fire district of the City of Wilmington. She sought to recover as for a total loss. Her motion for summary judgment was granted and the companies appeal, urging that the loss was partial only, and that judgment should have heen entered for only $1,550, the amount of the fire damage found by appraisal proceedings under the policy.

*308Plaintiff’s claim of total loss is based upon the fact that after the fire the buildings were condemned by the…