Stack v. Nationwide Mutual Fire Insurance

KOSIK, J.,

Plaintiffs insured their premises and the contents thereon with insurance policies issued by defendant insurance company. On February 4,1976, afire destroyed the premises and the contents. Plaintiffs filed a complaint in assumpsit and alleged that defendant had breached the insurance contract by its failure to *114pay moneys in accordance with the terms of the contract. Defendant’s answer, by way of new matter, averred that defendant did not have to fulfill the terms of the contract because the fire was caused by arson. Plaintiffs now seek leave to amend their complaint by adding a…