Rood v. Merchants Insurance Co.

The case is an appeal from an order overruling a demurrer to a second amended complaint for insufficiency of facts. It appears from the complaint that the plaintiffs are the title holder, its vendee under a land contract, and a mortgagee of an apartment building. The defendants are four fire insurance companies that issued policies covering the building. The policies contained a mortgage clause in the usual form. A. fire occurred during the term of the policies and proofs of loss were duly filed. Not being able to agree on the amount of the loss the parties stipulated for arbitration and…