Liberty Mutual Insurance v. Sexton Foods Co.

Judith Rogers, Judge.

Liberty Mutual Insurance Company [hereinafter “Liberty”] appeals from a judgment declaring that it owed appellee, Sexton Foods Company, Inc., an additional $ 16,948.36 for a fire loss under a policy of insurance. For reversal, Liberty contends that appellee is not entitled to any recovery under the loss of earnings endorsement contained in the policy; that the total amount appellee was owed under the contents provision of the policy was $169,332.51; and, that it is entitled to restitution for an overpayment in the amount of $36,653.39. We find sufficient merit in the…