Fidelity-Ph&338nix Fire Ins. v. Mumaw

GALLAGHER,' O. J.

This suit was instituted by Mrs. L. B. Mumaw, joined pro forma by her husband, appellees herein, against Fidelity-Phoenix Fire Insurance Company, appellant herein, on an insurance policy issued by it on a Packard automobile which was burned. The parties will be designated as in the trial court. Defendant pleaded that the policy sued on contained a provision for appraisal in case of loss or damage that such appraisal was had and an award made in favor of plaintiff for the sum of $450. Said appraisal and award were pleaded both in abatement of plaintiff’s suit and in bar of her…