Lundy v. Lititz Mutual Insurance

Oxner, Justice.

This is a suit on a policy insuring respondent’s dwelling against fire for a term of one year beginning February 10, 1955. The agent writing the policy, A. B. White, was joined as a co-defendant. The house was destroyed by fire on January 27, 1956. The defense was that the policy was cancelled on August 5, 1955, and the unearned premium remitted to and accepted by the insured. The trial resulted in a verdict for respondent against the insurer alone for the sum of $2,500.00, the face amount of the policy. From the judgment entered thereon, the Insurance Company has appealed.

The…