Fidelity-Phenix Fire Insurance Company v. Lawler

PRICE, Judge.

This is an action by the insured to recover the value of a dwelling house alleged to have been destroyed by fire on September 23, 1951, and insured against such destruction by a policy of insurance issued by the defendant on the 18th day of September, 1951. Trial below before the court, without the intervention of a jury, resulted in judgment for plaintiff and defendant appeals.

The defendant filed a plea in abatement alleging the insured’s failure to comply with the provisions of the policy requiring the furnishing of proof of loss.

In addition to the general replication,…