Gossett v. Dubuque Fire & Marine Ins.

Sheely, P. J.,

specially presiding, —This is a motion for judgment for want of a sufficient affidavit of defense. Plaintiff’s claim is based upon the alleged total destruction by fire of plaintiff’s building insured by defendant company.

Defendant denied plaintiff’s allegation of total destruction and alleged that the foundations, walls, and stone chimney remained standing after the fire. This is a sufficient denial of the allegation of total destruction to require the submission of that question to a jury.

The generally accepted view is that insurance of a building is upon the building and not…