King v. Aetna Insurance

This is an appeal from an order in a declaratory judgment action granting defendant’s motion to strike plaintiffs’ complaint and dismissing the suit. Plaintiffs are the insured in a policy issued by defendant, insuring them for loss or liability incurred in the operation of their business. A fire occurred on March 15, 1956, and in due course defendant paid plaintiffs for the loss sustained by them. On September 3, 1958, the owners of the building in which plaintiffs were doing business at the time of the fire commenced suit against plaintiffs in the Municipal Court of Chicago, seeking to…