Ball v. Utica Mutual Insurance

This is a motion by the defendants, Utica Mutual Insurance Company and Home Mutual Insurance Company for summary judgment and dismissal of the plaintiff’s complaint. The complaint is based on the existence of alleged binders of fire insurance and asks damages for destruction of plaintiff’s property by fire. The specific and critical allegations of the complaint are as follows:

“ 8. That at the time of said fire loss the building owned by the plaintiff was covered by the binders ”.

“10. That as stated aforesaid, at the time of the fire loss referred to above there was in full force and effect…