London & Scottish Assur. Co. of London v. Smith

KNIGHT, Justice.

Suit upon a fire insurance policy. The plaintiff has stated his cause of action in one count, in which he sues as assignee of the Alabama National Life Insurance Company.

It is averred in the complaint, count A, that the defendant insured a. certain apartment house against loss or injury by fire and other perils; that this building was, while the insurance was in force, damaged by fire. This policy was issued to the plaintiff as owner, of the building.

■ It is averred that the policy of insurance contained ,a stipulation, provision; or agreement whereby loss or damage, if any,…