Frasch v. London & Lancashire Fire Insurance

This is an appeal from a judgment entered in defendant’s favor when the plaintiff refused to amend upon the sustaining of a demurrer to the first amended complaint.

The action is one for declaratory relief. Plaintiff is seeking to have it determined that the defendant com- , pany is bound by and liable under the terms and conditions of a certain policy of fire insurance alleged to have been issued by it. It appears from the complaint that the person who solicited the insurance and delivered the policy, collected and receipted for the premium and absconded with the money, whereupon the…