Queen Insurance Co. of Liverpool v. Hudnut Co.

This action was brought by the appellee to recover, on a policy of insurance, the value of a building alleged to have been destroyed by a cyclone or hurricane. The policy sued on was issued by the appellant to the Mt. Vernon Hominy Mill Company, insuring said building against loss or damage by cyclones, tornadoes and hurricanes, and, after the loss complained of, the rights under the policy were assigned by the insured to the appellee.

The appellant filed an answer to the complaint in two paragraphs, in each of which it set up matter in avoidance. No answer of general denial was pleaded.…