Allen Lubricating Co. v. Phoenix Indemnity Co.

In this action, the respondent, Allen Lubricating Company, recovered against the appellant, Phoenix Indemnity Company, upon a contract of insurance evidenced by a written policy. In the court below, the appellant defended principally on two grounds: First, that the loss for which the recovery was had was not within the terms of the contract; and, second, that there was a breach of the conditions of the contract on the part of the respondent. In this court, the arguments in its brief are confined to these questions.

The respondent is a distributor of petroleum products. Its place of business is…