Hildebrand v. Holyoke Mutual Fire Insurance

ARCHIBALD, Justice.

The plaintiff 1 commenced this action seeking to recover damages 2 resulting from a fire which destroyed her dwelling house and its contents, both of which had been insured against fire loss by the defendant. The defendant counterclaimed alleging it was entitled to recover $15,872.72 from the plaintiff. 3

The sole issue raised by plaintiff’s appeal is whether the presiding Justice, when ordering judgment for the defendant, erred in ruling that it would be “against public policy and violative of the provisions of the insurance contract” to allow recovery by the plaintiff even…