Behm v. Reliance Insurance

Reese, P. J.,

ninth judicial district, specially presiding, This is an action of assumpsit brought by the plaintiff, the holder of a second mortgage upon the insured premises, under a standard union mortgagee clause attached to a fire insurance policy issued by the defendant company. The defendant has filed an affidavit of defense with new matter, and the plaintiff has moved for judgment for want of a sufficient affidavit of defense and has filed a reply to the new matter raising questions of law as to the legal sufficiency thereof.

The affidavit of defense sets forth substantially the…