Arispe Mercantile Co. v. Capital Insurance

Weaver, C. J.—

This is an action at law for the recovery of damages upon a policy of fire insurance. At the close of the evidence the trial court sustained a motion for a directed verdict in favor of the defendant, and the plaintiff appeals.

The motion was based upon the following grounds: (1) That the policy had been forfeited by the act or sufferance of the insured in allowing a mechanic’s lien to be placed upon the insured building; (2) that the plaintiff had forfeited its right to recover by presenting false and fraudulent proofs of loss; and (3) that the defendant’s agent who issued the…