Dunton v. Connecticut Fire Insurance

CUMMINGS, Circuit Judge.

This diversity action was brought by plaintiffs to recover damages under four fire insurance policies issued by the defendants. The policies covered a Whea-ton, Illinois, warehouse that was severely damaged by a fire of undetermined origin occurring in August 1962. When the policies were issued in 1958, the warehouse was occupied by Midwestern Contractors, Inc. That firm moved out of the building in the latter part of November 1960. In submitting their proofs of loss, plaintiffs did not advise defendants that the building had been vacated.

After Midwestern Contractors…