Drewicki v. Fidelity & Guaranty Fire Corp.

The opinion of the court was delivered by

Smith, J.:

This was an action on a fire insurance policy. The trial court overruled a motion of the plaintiff, Antone- Drewicki, (commonly known as Antone Price) for judgment on the pleadings and sustained his motion that the defendant be required to elect upon which one of the two defenses he relied. Both parties have appealed.

After the formal allegations, the petition alleged that the policy in question was a renewal of a former policy issued by the agent of the defendant; that plaintiff had asked his wife to secure this policy from defendant’s agent;…