Folk v. National Ben Franklin Insurance

Mr. PRESIDING JUSTICE CRAVEN

delivered the opinion of the court:

On July 1, 1971, a fire damaged a restaurant and lounge owned by the plaintiff. The building and its contents were covered by six fire insurance policies, one issued by each of the six defendant insurance companies. On August 4, 1972, plaintiff filed suit in McLean County to recover damages for fire loss under those policies.

Defendants raised four affirmative defenses: (1) that plaintiff failed to file suit within 12 months as required in the policies; (2) that plaintiff intentionally caused the fire; (3) that plaintiff violated…