Wilmington Amusement Co. v. Pacific Fire Insurance

Layton, Chief Justice:

The demurrer challenges the sufficiency of the first count of the declaartion. It was alleged that on June 8, 1938, the defendant issued its policy insuring against loss by fire the plaintiff’s property in Wilmington, known as the Queen Theatre Building. On December 2, 1939, a fire occurred in a part of the building occupied by the plaintiff’s lessee. The plaintiff had no knowledge of the fire and resulting damage until March 15, 1940, for the reason that its lessee did not notify it of the fire until that time. *296Upon receipt of the information, the plaintiff gave…