Rapochi Et Ux. v. Continental Ins. Co.

Opinion by

Baldbige, J.,

In this action of assumpsit on a fire insurance policy, judgment was obtained by the plaintiffs in the sum of $2,149.52, and defendant appealed.

On December 1, 1931, the defendant, through its agent, Floyd J. Waters, issued an insurance policy covering a combination store and dwelling belonging to the plaintiffs, in the sum of $3,000, for one year. The plaintiffs, upon receipt of the policy, delivered it to the First National Bank of Jermyn, their mortgagee. On May 29, 1932, the property was partially destroyed by fire, and this suit was brought May 2, 1934.

The defense…