Smith v. Nat. Union F. Ins. Co. of Pittsburgh, Pa.

Opinion op the Court by

Judge Clay

Reversing.

Floyd Gr. Smith was the owner of a dwelling house and garage on south First street in Louisville. On Jan uary 26, 1927, the National Union Fire Insurance Company issued to him a fire and tornado policy insuring his residence in the sum of $6,000 and his garage in the sum of $300. Before the expiration of the policy, the dwelling house was injured by a fire in the amount of $1,740. In this action to recover on the policy, the company defended on the ground that Smith had no' insurable interest. He replied with a plea of waiver. At the conclusion of…