Bobco v. Metropolitan Insurance

This is an action on a comprehensive personal accident and health policy which was issued by defendant to Steven Bobeo, plaintiff’s husband. The policy contains a provision for double indemnity, if bodily injuries are sustained “in consequence of the burning of any building in which the insured shall be at the commencement of the fire.”

On July 22, 1958, Steven Bobeo and his employee, Mr. Martichuski, were painting the interior of a water tank in Farmdale, Ohio. The tank stood approximately 12 feet above the ground upon a steel platform. A temporary scaffolding had been placed adjacent to the…