L'Ecuyer v. Indemnity Life & Accident Co.

The opinion of the court was delivered by

West, J:

Plaintiff sued to recover on an accident insurance policy for the death of her husband, alleging that he received his injuries by the burning of a grocery store while he was therein. The clause of the policy relied on by the plaintiff provided for the payment of $2400 for death caused “(4) By the burning of . a Dwelling, Hotel, Office Building, Theatre, School Building, Lodge Room, Club House, Store or Barn, while Assured is Therein.” Several members of the family were in the building at the time of the injury, and the testimony was, in…