Snavely v. London Assurance Corp.

Respondent secured judgment in the amount of $1,500 upon a fire insurance policy upon an automobile belonging to respondent. From this judgment this appeal is taken.

The complaint sets forth that, while the insurance policy was in force, the automobile was totally destroyed by fire; that the proof of loss was duly made, and that appellant refused and failed to pay the amount due upon the policy. The answer admits the issuance of the policy, denies that the premium had been paid, denies the total loss of the automobile, admits the furnishing of the proof of loss and, as an affirmative defense,…