Farmers Mutual Fire Insurance v. F. E. McMillan

This cause involves the construction of a fire insurance contract. The Trial Judge, without a jury, heard the cause upon stipulation of all facts and found against plaintiff in error (insurance company).

The insurance company issued a fire policy to defendants in error covering property not in an area protected by a public fire department. The closest fire department was a private fire department. On or about 4 August 1964 a fire, by lightning, occurred in this property and defendants in error called this private fire department. The private fire department answered the call and upon arrival…