Roehrig v. Merchants & Businessmen's Mutual Insurance Co.

STEWART, Judge.

This appeal is from a summary judgment entered upon the ground that the instant action was not commenced at the time the complaint was filed.

This litigation arises from an undertaking by appellant, Leo J. Roehrig, to recover in circuit court from appellee, Merchants and Businessmen’s Mutual Insurance Company, the proceeds of a policy which allegedly covered his property against loss from an explosion. The complaint alleges that on or about October 7, 1962, while the policy was in full force and effect, the property insured by appellee was completely destroyed by an explosion.…