Telesky v. Fidelity Guaranty Fire Corp.

Opinion by

Rhodes, J.,

This is an action of assumpsit on a policy issued to plaintiff by defendant insuring her against loss of use and occupancy of premises occupied by her, due to fire. After a verdict for plaintiff, the court below refused defendant’s motion for judgment n. o v., and judgment was entered for plaintiff. Defendant has appealed, assigning as error said judgment, the refusal of its point for binding instructions, and its motion for judgment n. o. v.

Appellant contends that the court below erred for two reasons: (1) Because no proof of loss was furnished by appellee to appellant;…