Archie Stein, D/B/A Archie's Grill v. Girard Insurance Company of Philadelphia, Pa., and Citizens Insurance Company

PARKINSON, Circuit Judge.

Shortly after midnight of Saturday, December 11, 1954, after having been closed for the weekend at 8:00 o’clock that afternoon, plaintiff’s restaurant in the lobby of the Railway Exchange Building in Chicago was damaged by a fire of incendiary origin.

At the time of the fire plaintiff had two fire and extended coverage policies issued by the defendant companies under which the plaintiff made claim for the loss. The defendants denied liability and plaintiff sued. The defendants asserted by their answer, inter alia, the defense that the fire was caused by the plaintiff…