Hardy v. Millers Mutual Fire Insurance Association

Opinion by

Mb. Justice Walling,

This action on a fire insurance policy resulted, in a verdict and judgment for plaintiff, and defendant has appealed. It was a $5,000 policy for the term of one year from May 18, 1925, on plaintiff’s apartment house in Johnstown. During the year, to wit, on February 16, 1926, fire destroyed the building, the loss being $á,082.15, of which due proof was made. When burned, the building was vacant and had been for forty days, which defendant interposed as a defense, the policy stating that “Unless otherwise provided by agreement in writing added hereto, this company…