Pencil v. Home Insurance

The opinion of the court was delivered by

Stiles, J.

The third paragraph of the complaint alleged the issuance of the policy, by the appellant, and gave its *487date, number, amount, property insured, time, and premium paid; and the seventh alleged performance of all the conditions contained therein by the respondent. The first error assigned is the admission of the policy in evidence at the trial “because the plaintiff declares upon an unconditional policy of insurance, while the policy offered in evidence is a conditional one.” The case here is precisely like that of Clark v. Phœnix Ins. Co., 36…