Osborne v. PACIFIC INSURANCE COMPANY OF NEW YORK

This is an action in assumpsit brought on a policy of fire insurance. The case was heard by a justice of the superior court sitting without a jury, who gave a decision for the plaintiff in the amount of $2,184.74 and costs. An exception to this decision was taken by the defendant, and the case is before this court on that single exception.

The case was heard below on an agreed statement of facts. It appears therefrom that on December 20, 1953 defendant issued a policy of fire insurance insuring John L. Paolino against loss by fire and other stated risks for a term of five years covering a…