McKay v. Consolidated American Insurance

Banke, Presiding Judge.

This appeal is from the grant of the defendant’s motion to dismiss after hearing, a suit brought against it to collect money damages under a homeowner’s fire insurance policy. The ground of the motion was that the plaintiffs had ceased to be the real parties in interest in the action.

Damage to the house in question was apparently caused by interior water resulting from the freezing and rupturing of water pipes. The house had been newly purchased and was not yet occupied. Plaintiffs made demand on the defendant insurer for their loss and were denied. After suit was filed…