Sizelove v. Ina Insurance Co. of North America

Plaintiff brought a declaratory judgment action seeking to have the court declare that certain fire insurance policies were in effect on the date his building was destroyed by fire. The trial court granted summary judgment to INA and Hartford, holding that plaintiff’s purchase of new policies shortly before the fire coupled with plaintiff’s communication to the insurer of plaintiff’s intent to cancel his existing policies operated to cancel the existing policies under the doctrine of cancellation by substitution. Plaintiff appeals from that order.

Plaintiff owned land and a building located in…