Schulz v. United States Fire Insurance

REDMANN, Judge.

Defendant in this suit on an insurance policy appeals from a judgment awarding plaintiff repair costs on his yacht engine, plus statutory penalty and attorney’s fee. Plaintiff answers the appeal seeking an increase in the attorney’s fee award.

Defendant’s argument is that plaintiff’s proof was inadequate to support the allegation of the petition, and the finding by the trial judge, that a freeze while the boat was out of the water on its hoist caused the engine block to crack.

The insurance policy provides no coverage for damage due to ice or freezing while afloat; and, where not…