Graves v. M. F. A. Mutual Insurance Co.

WOLFE, Presiding Judge.

This is an action on a policy of fire insurance issued by the defendant to the plaintiffs. It insured the plaintiffs’ house for $3,500 and their household goods and personal effects for $1,500. The insureds’ house and its contents were totally destroyed by fire on August 21, 1963. The plaintiffs sued for $5,000, the face amount of the policy. The insurer paid $2,541.55 to a mortgagee in satisfaction of its interest in the policy. The trial resulted in a plaintiffs’ verdict and judgment for the balance in the sum of $2,458.45, and defendant appeals.

Two defenses were…