Hubbard v. Hartford Fire Insurance

— This is an action upon an insurance policy, issued by appellant to respondent on September 1, 1922, in the sum of $5,000, upon a seaplane, conditioned, among other things, that no liability should accrue on the policy unless the loss or damage amounted to ninety-five per cent of the policy. On March 29,1923, while the policy was in force, respondent had an accident which he alleged in his complaint damaged the plane in excess of the insurance. It was also alleged that respondent performed every condition upon his part to be performed, and appellant refused to pay.

Appellant denied liability,…