Morgan v. Badger Mutual Insurance

CARSWELL, Chief Judge.

The plaintiff, Morgan, brought action to recover certain proceeds under a policy of fire insurance on business property and merchandise allegedly destroyed in a fire, which property was insured by the defendants Badger Mutual Insurance Company et al. (herein referred to as Badger). The controversy revolves around a provision in the policy with regard to sworn proofs of loss. The plaintiffs submitted to Badger sworn proofs of loss after the fire, in an amount in excess of $95,000, for merchandise alleged to have been destroyed. According to the plaintiff’s testimony and…