Spare v. Glens Falls Insurance

The plaintiffs brought this action to recover on a policy of fire insurance issued by the defendant on their house in Bristol. Damage was claimed to have been sustained by fire when an oil-burning furnace in the cellar of the house became overheated on January 22, 1946. The defendant denied liability on the ground that any fire which caused damage to the plaintiffs was a friendly fire, i. e., a fire not embraced within the terms of the policy. The court rendered judgment for the defendant and the plaintiffs have appealed.

We summarize the material facts, which, except in the respect stated in…