Modestino v. Allstate Insurance

I am in agreement with Division 1 of the majority opinion, but I cannot agree with the holding in Division 2.

Modestino held a policy of fire and extended coverage insurance on a restaurant building. The extended coverage included loss by hail or windstorm.

In her petition plaintiff alleges that "on or about March 31, 1970, the roof structure . . . was severely damaged as a result of a heavy hailstorm, greatly damaging the roof and interior ceiling of said building,” the repairing of which cost $2,002, and that "forthwith after the happening of said loss and damage, plaintiff gave notice…