McConkey v. Continental Insurance Co.

OPINION

SANDERS, Judge.

Both sides have appealed from the judgment of the court in a suit on a fire insurance policy.

In May, 1982, the Defendant, Continental Insurance Company, issued its policy of insurance to the Plaintiffs, Delbert T. McConkey and wife, insuring their residence against damage by fire in the amount of $40,000, the contents of the residence up to $20,000 and loss of use up to $8,000. On August 6, while the policy was in force, the residence was extensively damaged by fire. Plaintiffs filed a timely proof of loss but the Defendant refused to pay.

The Plaintiffs sued the…