McCoy v. Pacific Coast Fire Insurance Co.

ON REHEARING

SUMMERS, Justice.

The plaintiffs, Mr. & Mrs. Herman McCoy, sued Pacific Coast Fire Insurance Company and American Employers’ Insurance Company for loss on a policy of fire insurance covering a building on Thalia Street in New Orleans. Alternatively, the McCoys sought recovery against Mon*401taldo Insurance Agency, through whom the policy was obtained, if full recovery was not allowed under the policy issued by Pacific.

Both defendants denied that the policy covered the fire loss asserting that the premises, though listed as “apartments”, contained a restaurant which was in operation at…