Apfelbaum v. Ins. Co. of North America

Opinion by

Trexler, J.,

The plaintiffs instituted a suit upon two policies of insurance issued by the Fire Insurance Company of North America, the appellant. The trial resulted in a verdict for the plaintiffs. The question before us is whether judgment should have been entered in favor of the defendant, notwithstanding the verdict. The court refused the motion.

The policy provides that, “Unless otherwise provided by agreement in writing, added hereto, this company shall not be liable for loss or damage occurring —(g) fiy explosion or lightning, unless fire ensue, and in that event for loss or…