Travelers Fire Insurance Company, Hartford, Connecticut v. Harry A. Whaley and Velva Irene Whaley

HUXMAN, Circuit Judge.

This was an action on a fire insurance policy issued by appellant, Travelers Fire Insurance Company of Hartford, Connecticut, in which it insured the building at 1138 North Erie, Wichita, Kansas, which was owned under the policy, at the time of the events narrated herein, by Harry A. and Velva Irene Whaley. The policy insured against loss resulting from “Collapse of building (s) or any part thereof.” The decision turns upon whether there was a collapse of the foundation walls of the building within the meaning of that term as used in the policy. The court found there was…