Holbert v. Safe Insurance Co.

Henna, Judge:

A. R. Holbert brought notice of motion against Safe Insurance Company of Harrisville, West Virginia, in the circuit court of Calhoun County upon a policy of fire insurance alleging a loss of $3,000.00. The defendant appeared and filed a special plea setting forth that plaintiff carried total insurance upon the property destroyed by fire amounting to $7,000, including the policy sued on; that the loss of the plaintiff was due to the negligent act of the Standard Oil Company and that that company was liable to respond in full to all damages occasioned by reason of the fire; that…