Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance v. Koltunovsky

BARKDULL, Chief Judge.

Appellant, defendant in the trial' court, appeals from an adverse final judgment entered as a result of a common law action instituted by the plaintiff-appellee to recover under an insurance policy for an alleged loss occasioned by “theft or otherwise”. To this complaint, the company filed an answer containing the following affirmative defense:

“ * * * The Defendant specifically alleges that the Plaintiff sustained and/or received indemnity for a loss of the kind covered by the policy of insurance sued upon within the five year period preceding the issuance of said…