Waddington v. Wm. Penn Fire Ins.

Crumlish, J.,

— This is an action in assumpsit on a $5,000 fire insurance policy, issued to plaintiff by defendant company, dated December 11, 1945, covering a house located on the North side of Crestón Avenue, East of Bustleton Avenue, in Philadelphia. On December 8,1946, the house was partially destroyed by fire and defendant company has refused to pay plaintiff the sum of $3,820 claimed as damages.

*432In its answer and new matter, defendant company alleged, inter alia, that the policy was issued on a “dwelling, occupied by not exceeding two families, or one family and five roomers or boarders”;…