National Fire Insurance Co. of Hartford v. Hutton

WILLIAMS, Judge.

This is an action brought by appellees to recover the loss of gross earnings as a result of a fire on a business interruption insurance policy issued by the appellant. The policy provided a maximum amount of recovery of $9,850. The trial judge awarded appellee this maximum amount, and the appellant insurance company has appealed from that judgment. Appellee has not filed a brief. Pursuant to RCA 1.260(c) (2), we reverse the judgment as the appellant’s brief reasonably appears to sustain such action.

The policy provided that the insurance company would “be liable for the actual…