Scutella v. County Fire Insurance

On August 27, 1924, Joseph Scutella and Katherine Scutella, husband and wife, owned certain premises as tenants by the entirety. Defendant on that day issued a policy of fire insurance covering a dwelling house thereon. The policy ran to Joseph individually as owner. On Fébruary 12, 1926, the house burned. Thereafter this action was commenced to recover the amount of the loss. The answer, served on or about July 21, 1926, alleged, among other things, a breach of the conditions which voided the policy (a) if the building insured was on ground not owned by the insured in fee simple; (b) if any…