Duncan v. Federal Union Insurance

Lively, Judge:

From a verdict and judgment for $500.00 against it, entered on October 15, 1931, defendant prosecutes error.

The policy covered certain personal property destroyed or damaged by fire within the life of the policy.

Defendant pleaded the general issue, and set up special matters of defense by four pleas. Plea No. 1 set up increased hazard from an incubator kept in one of the rooms, where the fire originated, in which incubator kerosene or other inflammable fluid was used for heating it, as preventing recovery under the policy, which provided that “unless otherwise provided by…