Ritter v. Leigh & Wiggins, Inc.

MARVIN, Judge.

The issue presented in plaintiff’s appeal is purely factual:

Did plaintiff prove by a preponderance of the evidence that the defendant insurance agency misrepresented coverage under a fire insurance policy purchased by plaintiff?

The lower court decided against plaintiff. We affirm.

In May, 1973, plaintiff purchased from defendant a fire insurance policy on four rental dwellings. Defendant’s agent told plaintiff that coverage would not be afforded under the policy on any dwelling that should become vacant for more than 45 *282days. When the policy was purchased the agent satisfied…