Cushing v. Williamsburg City Fire Insurance

The opinion of the court was delivered by

Stiles, J. —

Each of the appellant companies was sued for $2,000 upon its policy of insurance, and the pleadings, facts and counsel being the same in each, the cases were tried and are appealed as one.

The complaints show that respondent Nickalls was the contractor with Gushing for the erection of a certain building upon land owned in severalty by him and two other persons for a gross sum of about twenty-six thousand dollars, and was bound to keep the building insured by a builder’s risk. The sixth paragraph alleged knowledge on the part of the insurers…