Home Fire Insurance v. Phelps

Action by Robert W. Phelps against the Home Fire Insurance Company of Omaha on a fire insurance policy issued by the defendant upon plaintiff’s dwelling. ' The policy insured him in the sum of $800'for the term of three years from February 7, 1889, against loss or damage by fire. On December 31, 1891, the property insured was totally destroyed by fire. Notice was given, and proofs of loss were duly furnished by plaintiff, and the defendant refusing to pay, suit was instituted to recover the amount covered by the policy. From a verdict and judgment for plaintiff, the defendant prosecutes error.