Milwaukee Insurance Company v. Powell

Felton, Chief Judge.

The petition, as finally amended, alleged that on the date of the alleged fire loss the property was covered by a fire insurance policy with the defendant company; that the policy was in force at the time of the loss, notwithstanding the fact that the defendant’s agent had previously secured a purported policy release from the insured, plaintiff’s deceased husband, because the consideration for the release—the representation by the agent that the coverage under the old policy would continue in effect until a new policy would be issued with another company—failed because of…