Miller v. the Home Ins. Co.

Opinion by

Parkeb, J.,

•The appellant states the question involved in this case as follows: “Does double insurance exist where two insurance policies cover the same premises and the same assured, one policy indemnifying against loss by windstorm and the second policy indemnifying against loss by fire and windstorm?”

The plaintiff having instituted an action in assumpsit and filed a statement of claim, the defendant replied with an affidavit of defense raising the question of law indicated in the foregoing statement of the question involved; and the parties then stipulated that if the court…